Q: One of our employees is currently on unpaid parental leave, and is due to return in a month. Last week he sent an email stating that he has another baby due before he is due back at work, and that he intends to be the primary carer of the child, and has therefore applied for 12 months’ unpaid parental leave.

The Fair Work Ombudsman website states that an employee is required to give 10 weeks’ written notice. We have only received 3.5 weeks’ notice. Are we able to decline his request based on this?

A: The Fair Work Act 2009 (Cth) provides that an employee is not entitled to take unpaid leave unless they comply with the notice requirements.

Under the notice requirements, the employee must give you 10 weeks’ notice before they intend to start the leave unless that is not practicable, in which case they may give you notice as soon as practicable (which may be at a time after the leave has started). You should determine from which date the employee intends to begin the period of parental leave and why they have notified you of their intention to take it just 3.5 weeks in advance.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Parental leave for current advice.