Is a worker entitled to take paid personal/carer’s leave while providing assistance to his wife at hospital during, and immediately after, the birth of their child?
The employee is generally entitled to unpaid parental leave during this time. However, it appears that they may be entitled to paid carer’s leave immediately after the childbirth at hospital, as compared to the subsequent ongoing care of the child/wife… The employee does not have any special entitlements above the National Employment Standards.
A partner cannot usually take carer’s leave to care for a wife or partner who has just given birth. Strictly speaking, carer’s leave is only available to care for a member of the household or immediate family who has been affected by a personal illness, injury or unexpected emergency, which pregnancy doesn’t easily fit into.
However, the husband/partner will be entitled to take up to 8 weeks’ unpaid parental leave after the birth of the child concurrently with a partner who is also taking unpaid parental leave.
You can also choose to give the employee a period of unpaid leave, or the employee could use annual leave.