Adoption-related leave

Last updated July 2026

Where are entitlements to adoption-related leave found?

Entitlements to adoption-related leave may be found in:

1. The National Employment Standards (NES): The minimum statutory entitlements for adoption-related leave are set out in the parental (and related) leave entitlements in the NES of the Fair Work Act 2009 (Cth) (FW Act).
2. State and territory legislation: If you employ a non-national system employee, you will need to check the laws operating in your state or territory that make provision for employee entitlements in relation to adoption of children. That is because under the FW Act, these laws will continue to apply to the extent that they make more beneficial provision than the NES provision. This is particularly important if you are in Western Australia and the employing entity in your business is not a constitutional corporation (which means your employees will be non-national system employees). Unlike the NES, you face prosecution if you unreasonably reject a request for extension of leave or a flexible working arrangement.
3. Employment instruments: Enterprise agreements, employment contracts and human resources policies may also make provision for adoption-related leave. If these provisions provide for less favourable arrangements than the NES, the NES will apply.