Long Service Leave Request (Australia)

A Parental Leave Request is a formal written document submitted by an Australian employee to their employer requesting unpaid parental leave under the National Employment Standards (NES) in the Fair Work Act 2009 (Cth) Part 2-2 Division 5. This letter covers birth-related and adoption-related parental leave for both primary and secondary carers, satisfies the statutory notice requirements under s 67, and addresses associated entitlements including government Parental Leave Pay, keeping in touch (KIT) days, and flexible return-to-work arrangements. What is a Parental Leave Request? A Parental Leave Request (also called a parental leave notification or maternity/paternity leave application) is a written notice given by an eligible employee to their employer formally requesting a period of unpaid parental leave in connection with the birth or adoption of a child. Under the Fair Work Act 2009 (Cth), parental leave is a National Employment Standard that cannot be excluded by any award, enterprise agreement, or employment contract. Eligible employees are entitled to up to 12 months of unpaid parental leave, with the right to request a further 12-month extension — up to 24 months total — which an employer may only refuse on reasonable business grounds. When is a Parental Leave Request Needed? A Parental Leave Request is required whenever an eligible Australian employee wishes to take parental leave in connection with the birth or adoption of a child. An employee is eligible if they have completed at least 12 months of continuous service with their employer immediately before the date, or expected date, of birth or placement of the child (s 67 of the Fair Work Act 2009 (Cth)). Casual employees may also be eligible if they have been employed on a regular and systematic basis for at least 12 months and have a reasonable expectation of continuing employment. The request must be given to the employer in writing at least 10 weeks before the intended start of the leave period. The employee must confirm the leave dates at least 4 weeks before the leave commences. Where the leave is birth-related, the employer may request a medical certificate confirming the pregnancy and expected date of birth. Key Elements of an Australian Parental Leave Request A complete and compliant Australian Parental Leave Request should include the following elements: 1. Employee identification: Full name, address, job title, department, and commencement date. The commencement date is critical to establishing continuous service eligibility under s 67 of the Fair Work Act 2009 (Cth). 2. Type of parental leave: Whether the request is for birth-related primary carer leave, birth-related secondary carer leave (partner leave), adoption primary carer leave, or adoption secondary carer leave. Primary carer leave may be taken for up to 12 months; secondary carer leave is available for up to 3 weeks (or more under certain award or enterprise agreement provisions). 3. Expected date of birth or placement: The expected date of birth or placement of the child, supported where requested by a medical certificate or adoption agency documentation. 4. Requested leave period: The start and end dates of the parental leave, and the total duration requested. Primary carers may commence leave up to 6 weeks before the expected date of birth. The NES entitlement is up to 12 months, with a right to request an additional 12 months under s 76. 5. Government Parental Leave Pay: Whether the employee is applying for Parental Leave Pay (PLP) under the Paid Parental Leave Act 2010 (Cth) through Services Australia. PLP is paid at the national minimum wage for up to 22 weeks (increasing to 26 weeks by 1 July 2026) for eligible primary carers who meet the work test and income test. 6. Keeping in touch (KIT) days: Under s 79A of the Fair Work Act 2009 (Cth), an employee on parental leave may agree to perform up to 10 KIT days of work during the leave period without affecting the continuity of the leave. KIT days must be agreed by both parties and cannot be compelled by the employer. 7. Return to work date and arrangement: The anticipated date and manner of return. On return from parental leave, an employee is entitled to return to the same position, or if that position no longer exists, to an equivalent available position. The employee may also request flexible working arrangements including a part-time return under s 65 of the Fair Work Act 2009 (Cth). 8. Partner leave details: Information about the partner's parental leave arrangements where relevant, including where concurrent parental leave is being taken. Fair Work Act 2009 (Cth) — Parental Leave Framework Unpaid parental leave is a National Employment Standard under the Fair Work Act 2009 (Cth) Part 2-2 Division 5, which applies across Australia for all employees covered by the national workplace relations system (including employees in New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory). The key provisions are: s 67 (notice and evidence requirements), s 70 (entitlement to 12 months unpaid leave), s 76 (right to request extension to 24 months), s 79A (keeping in touch days), s 84 (return to work), and s 65 (right to request flexible working arrangements). Parental leave protections are reinforced by the general protections provisions in Part 3-1 of the Act, which prohibit adverse action against an employee for exercising or proposing to exercise a workplace right such as taking parental leave. This template is suitable for employees across all Australian states and territories taking parental leave in connection with the birth or adoption of a child.

Create a legally compliant Full-Time Employment Agreement for Australia. Drafted in accordance with the Fair Work Act 2009 (Cth), the National Employment Standards (NES), and Superannuation Guarantee requirements. Covers position, duties, salary, superannuation at 11.5%, 38-hour week, annual leave (4 weeks), personal/carer's leave (10 days), long service leave, notice periods, probation, confidentiality, and intellectual property assignment.

Create a legally compliant Part-Time Employment Agreement for Australia under the Fair Work Act 2009 (Cth). Specifies guaranteed minimum hours, regular pattern of work, pro-rata NES entitlements (annual leave, personal leave, compassionate leave, parental leave, long service leave), 11.5% superannuation, and Modern Award compliance. Suitable for all industries including retail, hospitality, healthcare, and professional services.

A Notice of Termination of Employment is a formal written notice issued by an Australian employer to a current employee advising them that their employment is being terminated, specifying the reason for termination, the applicable notice period under the Fair Work Act 2009 (Cth) s 117, the final pay and entitlements payable on separation, and the employee's rights under the national workplace relations system. What is a Notice of Termination of Employment? A Notice of Termination of Employment (also called a termination letter, dismissal notice, or redundancy notice depending on the context) is the formal written communication that ends an employment relationship. Under the Fair Work Act 2009 (Cth) s 117, an employer in the national workplace relations system must provide written notice of termination, or payment in lieu of notice, to an employee. The notice period must be at least the statutory minimum based on the employee's period of continuous service, or the contractual notice period in the employment contract, whichever is greater. When is a Notice of Termination of Employment Needed? A Notice of Termination of Employment is required whenever an employer in Australia's national workplace relations system decides to end an employee's employment, whether due to genuine redundancy, unsatisfactory performance, misconduct, end of a fixed-term contract, failure to meet probationary requirements, or operational requirements. The notice must be given in writing and must specify the date the employment ends. Failure to give proper notice — or to pay the equivalent in lieu — is a breach of the National Employment Standards under the Fair Work Act 2009 (Cth) and may expose the employer to underpayment claims and adverse findings in Fair Work Commission proceedings. Statutory Minimum Notice Periods — Fair Work Act 2009 (Cth) s 117 The minimum notice periods under s 117(3) of the Fair Work Act 2009 (Cth) are as follows: less than 1 year of continuous service — 1 week; at least 1 year but less than 3 years — 2 weeks; at least 3 years but less than 5 years — 3 weeks; 5 years or more — 4 weeks. Under s 117(3)(b), an additional 1 week of notice is required if the employee is over 45 years of age and has completed at least 2 years of continuous service at the time notice is given. These are minimum periods — employment contracts, Modern Awards, and enterprise agreements may provide for longer notice periods. For serious misconduct under the Fair Work Regulations 2009, no notice is required (summary dismissal), but the employer must have a valid reason and follow a proper process. Key Elements of an Australian Notice of Termination of Employment A complete Australian Notice of Termination of Employment should include the following elements: 1. Employer details: Full legal name, ABN, business address, and HR contact details. The ABN is useful for Services Australia income support claims and Fair Entitlements Guarantee applications. 2. Employee details: Full name, postal address, job title, department, and commencement date. The commencement date is critical for calculating the statutory minimum notice period and redundancy pay entitlement. 3. Reason for termination: A clear, factual explanation of the reason for termination — whether genuine redundancy (Fair Work Act 2009 (Cth) s 389), unsatisfactory performance, misconduct, end of fixed-term contract, or other valid reason. The reason must be valid, substantiated by prior steps, and communicated clearly. 4. Notice period: The specific notice period being provided (in weeks), the arrangement (working notice, PILON, or garden leave), and the last day of employment. The notice period must comply with s 117 of the Fair Work Act 2009 (Cth) and any applicable Modern Award, enterprise agreement, or contractual provision. 5. Final pay and entitlements: A complete breakdown of all amounts payable on termination, including accrued wages, annual leave payout, PILON (if applicable), long service leave (if applicable), and redundancy pay. Final pay must be processed within the timeframe required by the applicable Modern Award, enterprise agreement, or contract. 6. Statutory redundancy pay: For genuine redundancy terminations, the statutory redundancy pay entitlement under the Fair Work Act 2009 (Cth) s 119, calculated on the basis of the employee's years of continuous service. The redundancy pay table provides: 1–2 years = 4 weeks; 2–3 years = 6 weeks; 3–4 years = 7 weeks; 4–5 years = 8 weeks; 5–6 years = 10 weeks; 6–7 years = 11 weeks; 7–8 years = 13 weeks; 8–9 years = 14 weeks; 9–10 years = 16 weeks; 10+ years = 12 weeks of base pay. Small business employers (fewer than 15 employees) may be exempt under s 123. 7. Superannuation: Confirmation that the Superannuation Guarantee will be paid on all ordinary time earnings in the final pay period, in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth). 8. Return of company property: A list of company property to be returned and the deadline for doing so. 9. Post-employment obligations: Reference to continuing contractual obligations including confidentiality, non-disclosure, non-solicitation, and restraint of trade clauses, noting their enforceability under Australian law. 10. Employee rights: Information about the employee's right to apply to the Fair Work Commission for an unfair dismissal remedy under Part 3-2 of the Fair Work Act 2009 (Cth) (within 21 days of dismissal), a general protections claim under Part 3-1 (also within 21 days for dismissal claims), and the right to access Services Australia income support. 11. Acknowledgement: A signature block for the employee to acknowledge receipt of the notice without waiving any legal rights. This template is designed for use by Australian employers across all states and territories in the national workplace relations system, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.

An Employment Separation Certificate is a formal document completed by an Australian employer to confirm the details of a former employee's separation from employment, including the dates of employment, the reason for separation, and details of any termination payments made. The certificate is designed to assist a former employee in making a claim for income support payments such as JobSeeker Payment from Services Australia (formerly Centrelink), and is used by Services Australia to assess eligibility and determine whether any income maintenance period or waiting period applies to the claim under the Social Security Act 1991 (Cth). What is an Employment Separation Certificate? An Employment Separation Certificate (sometimes called a Centrelink separation certificate or Services Australia separation certificate) is a document that verifies the details of an employment separation for the purpose of a former employee's income support claim. It sets out the employer's Australian Business Number (ABN), the employment start and end dates, the reason for the separation, and details of any termination payments — including payment in lieu of notice (PILON), unused annual leave paid out, long service leave paid out, and redundancy pay. While Australian employers are not legally required to provide a separation certificate in all circumstances, the Fair Work Ombudsman's guidance indicates that employers should provide one if the former employee requests it to assist with their income support claim. Services Australia uses the certificate to determine the length of any income maintenance period that applies before income support payments commence. When is an Employment Separation Certificate Needed? An Employment Separation Certificate is needed when a former employee applies to Services Australia for income support payments — most commonly JobSeeker Payment, Youth Allowance (job seekers), or other welfare payments — following separation from employment. The certificate is typically requested by the former employee after their employment ends, whether through redundancy, resignation, dismissal, end of contract, mutual agreement, or another cause. The former employee is responsible for submitting the certificate to Services Australia as part of their claim. Key Elements of an Australian Employment Separation Certificate A complete Employment Separation Certificate for Services Australia purposes should include the following elements: 1. Employer details: The employer's full legal name, trading name (if different), Australian Business Number (ABN), business address, phone number, and the name and title of the contact person completing the certificate. The ABN is essential for Services Australia to verify the employment relationship. 2. Employee details: The former employee's full legal name, last known residential address, and job title or position held at the time of separation. 3. Employment period: The exact date employment commenced and the last day of employment. Services Australia uses these dates to verify continuous service and calculate any income maintenance period. 4. Reason for separation: The primary reason the employment ended — for example, genuine redundancy, voluntary resignation, dismissal by the employer, end of fixed-term contract, mutual agreement, resignation due to illness, or business closure. The reason for separation is a critical field because it determines whether a waiting period or non-payment period applies. Employees who voluntarily resign without compelling reasons may be subject to an unemployment non-payment period of up to 4 weeks under the Social Security Act 1991 (Cth), while those made redundant or dismissed generally are not. 5. Final pay and termination payments: Details of all payments made on separation, including payment in lieu of notice (PILON), unused annual leave paid out, long service leave paid out, and redundancy pay. Services Australia applies income maintenance period rules to PILON and leave payments, which may delay the commencement of income support. Statutory redundancy pay under the Fair Work Act 2009 (Cth) s 119 may be exempt from the income maintenance period as a genuine redundancy payment. 6. Employer declaration: A signed declaration by the employer representative confirming the accuracy of the information provided. Providing false or misleading information to Services Australia may constitute an offence under the Social Security (Administration) Act 1999 (Cth). 7. Instructions to the former employee: Guidance on how to submit the certificate to Services Australia, contact details, and information about potential waiting periods. Services Australia and Income Support Claims Services Australia administers Australia's income support payments system under the Social Security Act 1991 (Cth). The most common payment for job seekers following separation from employment is JobSeeker Payment (formerly Newstart Allowance). A former employee seeking to claim income support must register with Services Australia and provide an Employment Separation Certificate as part of their claim. Services Australia may apply an income maintenance period of up to the equivalent of the PILON and annual leave payout before income support begins. Employees who receive genuine redundancy payments may be eligible for certain exemptions. This template is designed for use by employers across all Australian states and territories, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.