Flexible parental leave lets you take up to 130 days of your 12 months' unpaid parental leave as single days or blocks, any time within 24 months of the birth, for a child born or placed from 1 July 2026. Earlier births come with 100, 110 or 120 flexible days.
Your employer does not pay you for a flexible day. Government Parental Leave Pay (PLP) has its own count of days and its own rules, and it can be claimed on those days. This guide covers the unpaid side under the Fair Work Act (ss 70 to 72A), the notice it needs, how PLP days line up with it, and two plans with real dates: a two-parent calendar and a 4-day week built from flexible days. The wider entitlement is in maternity leave in Australia and paternity leave in Australia.
Key takeaways
- Up to 130 flexible days for a child born or placed on or after 1 July 2026; 120 for 1 July 2025 to 30 June 2026; 110 for 1 July 2024 to 30 June 2025; 100 before that.
- On 11 October 2026, every 100-day window has closed and the 110-day windows all close by 29 June 2027.
- Flexible days come out of your 12 months, and all of the leave must fall within 24 months of the birth.
- Notice: your written notice states the total number of flexible days, and each day needs at least 4 weeks' notice.
- The Act gives your employer no power to refuse a flexible day you have properly notified and supported with any evidence asked for.
- PLP can be paid on a flexible day, including after you go back to work, as long as all PLP days are used within 2 years of the birth.
- No keeping in touch days can be taken on a flexible day.
How many flexible days you get
The number depends on when your child was born or placed for adoption. Section 72A sets 100 days or any higher number prescribed by the regulations, and the higher numbers now apply by birth date. Some employer and law-firm pages still quote 100 days for current births; that figure only applies to children born or placed before 1 July 2024.
| Child born or placed | Flexible days | Last day to use them (our calculation) | Still open on 11 Oct 2026? |
|---|---|---|---|
| Before 1 July 2024 | Up to 100 | Mon 29 Jun 2026 at the latest | No |
| 1 July 2024 to 30 June 2025 | Up to 110 | Tue 30 Jun 2026 to Tue 29 Jun 2027 | Only for births from 12 Oct 2024 |
| 1 July 2025 to 30 June 2026 | Up to 120 | Wed 30 Jun 2027 to Thu 29 Jun 2028 | Yes |
| On or after 1 July 2026 | Up to 130 | Thu 29 Jun 2028 onwards | Yes |
The last day is the birth date plus 24 months, less one day: the day before the child's second birthday. Before 1 July 2023 the flexible entitlement was 30 days. From the 1 July 2024 births onwards the flexible caps happen to equal the PLP day counts for the same births (110, 120, 130), but they are separate schemes under separate laws.
Fair Work Ombudsman, Parental leave and related entitlements (content last updated 11 May 2026, read 6 October 2026): flexible days for a child born or placed "before 1 July 2024 - up to 100 days; between 1 July 2024 and 30 June 2025 - up to 110 days; between 1 July 2025 and 30 June 2026 - up to 120 days; on or after 1 July 2026 - up to 130 days." Fair Work Act 2009 s 72A(1) (AustLII, read 11 October 2026): up to 100 days "or, if a higher number of days is prescribed by the regulations, that higher number". Fair Work Ombudsman, Protecting Worker Entitlements (updated 16 August 2024): 100 days is "an increase from the previous 30 day entitlement", effective 1 July 2023. Dates are our calculations.
How flexible unpaid parental leave works
Flexible leave is part of your 12 months of unpaid parental leave, taken as a single period of one or more days or as separate periods of one or more days each. You can use it on its own or alongside a continuous period. Note 1 to s 72A puts it plainly: flexible leave "comes out of the employee's entitlement to 12 months of unpaid parental leave". Flexible and continuous leave together cannot pass 12 months unless you extend.
- Who can take it: any parent eligible for unpaid parental leave. That generally means 12 months of continuous service, or for a casual, regular and systematic work for 12 months with a reasonable expectation of it continuing.
- The window: all of the leave must end within 24 months of the birth. If you are not the pregnant parent, it must start and end inside that window.
- Before the birth: a pregnant employee still working in the 6 weeks before the expected birth can start flexible days then. Those days come out of the same 130 (or lower) cap.
- Not inside a continuous block: s 72A(12) stops flexible days from breaking up a continuous period of leave. Plan them before it, after it, or instead of it.
- Twins and multiple births: s 72A(10) gives one set of flexible days, not one per child.
- Both parents: each parent has their own entitlement, and both can be on leave at the same time for part or all of it. The old 8-week limit on overlapping leave ended on 1 July 2023.
How much of the 12 months your flexible days use is worked out through a "notional flexible period" in s 72A(5) to (7), which assumes no weekend work and no public holidays. If you are combining many flexible days with a long continuous block, ask your employer to confirm in writing how much of the 12 months is left.
Fair Work Act 2009 s 72A (AustLII, read 11 October 2026): Note 1, "The flexible unpaid parental leave is unpaid parental leave and so comes out of the employee's entitlement to 12 months of unpaid parental leave under section 70." s 72A(3): "a single continuous period of one or more days; or separate periods of one or more days each"; s 72A(2A) and (2C) on the 6 weeks before the expected birth; s 72A(5) to (7), (10) and (12).
Fair Work Ombudsman, Types of parental leave (2 September 2026, read 6 and 7 October 2026): "If a pregnant employee is working in the 6 weeks before the expected birth of the child, they can start taking flexible parental leave during this time." "The total amount of flexible and continuous leave can't be more than 12 months unless an employee extends their leave". Fair Work Ombudsman, Parental leave and related entitlements (11 May 2026): "An employee's entitlement to unpaid parental leave is not affected by how much leave their partner takes." Fair Work Ombudsman, Protecting Worker Entitlements: "Employees are no longer prevented from taking more than 8 weeks of unpaid parental leave at the same time as their spouse or de facto partner".
Notice for flexible parental leave
Flexible leave needs notice twice: the total number of flexible days goes in your main written notice, and each specific day then needs at least 4 weeks' notice.
| Step | When | What it says |
|---|---|---|
| Written notice | At least 10 weeks before the leave starts, or as soon as possible if that cannot be done | How much leave, the dates of any continuous leave, and the total number of flexible days |
| Confirm | At least 4 weeks before the intended start date | Your leave dates |
| Each flexible day | At least 4 weeks before that day | The specific day or days |
| Evidence | When your employer asks | Without it, you are not entitled to the leave |
- Less notice by agreement: your employer can agree to less if you are only taking flexible leave, or taking flexible days before a continuous period.
- Late notice still counts: if 10 weeks is not possible, give notice as soon as you can, even after the leave has started.
- One letter can cover many days: the 4 weeks is a minimum per day, so a letter listing a run of days sent 4 weeks before the first covers them all.
Can your employer say no? Section 72A makes flexible leave an entitlement, conditioned on the notice and evidence rules in s 74. Nothing in it gives your employer a power to refuse a flexible day you have properly notified. What it can do is insist on the notice and on evidence. Contrast this with an extension past 12 months or a part-time return, which are requests that need your employer's agreement; those are covered in returning to work after maternity or parental leave.
Fair Work Ombudsman, Parental leave and related entitlements (11 May 2026): "at least 10 weeks written notice (unless it is not possible to do so)"; flexible leave needs "at least 4 weeks' notice of the specific flexible parental leave days". Fair Work Ombudsman, Applying for parental leave (2 September 2026): "if taking flexible parental leave, state the total number of days"; "If an employee can't give 10 weeks' notice, they need to provide notice as soon as possible. This may be after the leave has started." "If an employee doesn't provide the evidence their employer asks for, they won't be entitled to the leave." Read 6 October 2026. Fair Work Act 2009 s 72A, read 11 October 2026.
Flexible paid parental leave: how PLP days fit
Flexible paid parental leave usually means Parental Leave Pay: a government payment from Services Australia, counted in days. You choose when to take it: as a block, as single days, or a mix, before or after you go back to work, on weekdays, weekends or holidays, and before, during or after any leave from your employer. Every day must be used within 2 years of the birth or adoption.
| Flexible unpaid parental leave | Parental Leave Pay | |
|---|---|---|
| What it is | Time off work, protected by the Fair Work Act | A government payment |
| Child born or placed from 1 July 2026 | Up to 130 days for each eligible parent | Up to 130 days for the family, 20 reserved for the other parent |
| Deadline | Leave must end within 24 months of the birth | Days must be used within 2 years of the birth or adoption |
| Both parents at once | Allowed for part or all of the leave | Up to 20 days at the same time |
| Working that day | No: it is a day of leave | Not allowed, except for allowable reasons |
PLP is $200.94 a day before tax for days in 2026-27, up from $189.62 in 2025-26. The rate follows the financial year of each day you claim, not the birth, so days spread across 30 June are paid at two rates. A parent with a partner can get at most 110 of the family's 130 days. After a stillbirth or neonatal death, a parent with a partner is exempt from the reserved-days limit and the same-time limit.
Services Australia's own examples show the pattern this page builds on. Amira goes back to work 3 days a week and takes 2 PLP days a week. Giovani changes a block of PLP into single days so he can work one day a week. Pair each single PLP day with a flexible unpaid leave day and the day off is approved leave under the Fair Work Act as well as a paid PLP day. PLP days you are paid also count as qualifying work for a later claim, at 7.6 hours each.
Services Australia, Choose how to take your Parental Leave Pay (read 11 October 2026): "You can take your Parental Leave Pay before or after you return to work." "This can include weekdays, weekends, holidays or any time you're on leave from work." "You can also take your days before, during or after any paid or unpaid employer funded leave." You can tell Services Australia when you want to take "a block of payment; a single day; a combination of these." "You must use them within 2 years of your child's birth or adoption." "You can take up to 20 days at the same time." Amira and Giovani examples.
Services Australia, How much Parental Leave Pay you can get (1 July 2026, read 6 October 2026): "$200.94 a day before tax, or $1,004.70 per 5 day week"; 2025-26 "$189.62 a day"; "You'll get the rate that applies for the financial year of the day or days you are claiming for." Services Australia, Meeting the income test (1 July 2026): "Because Dom has a partner, he can get a maximum of 110 days". Services Australia, Parental Leave Pay (10 September 2026): "You can't work on the days you get Parental Leave Pay, except for allowable reasons." Services Australia, Experiencing stillbirth or neonatal death (6 March 2026). DSS, Paid Parental Leave Guide 1.1.Q.20 (reviewed 11 May 2026): "Any payable flexible PPL days for a previous child can also count as qualifying work for a new claim."
The Parental Leave Pay calculator shows how many PLP days your family can get, and the maternity leave calculator turns days into dollars. The Paid Parental Leave work test calculator checks whether you qualify.
A two-parent calendar
Wren and Elif's baby is due, and born, on Monday 15 March 2027, so each can take up to 130 flexible days and the family can get 130 PLP days. Wren is the birth parent, permanent, with 5 years' service. Elif is permanent with 2 years' service at a different employer. Both work Monday to Friday. The plan: Wren takes four Fridays before the birth, six months of continuous leave, then every Friday off for six months. Elif takes a fortnight at the birth, then picks up the Fridays once Wren's run ends.
| Date | Wren | Elif |
|---|---|---|
| Mon 1 Feb 2027 | The 6 weeks before the due date begin | At work |
| Fri 5, 12, 19 and 26 Feb 2027 | 4 flexible days | At work |
| Mon 1 Mar 2027 | Continuous leave starts | At work |
| Mon 15 Mar 2027 | Baby born; PLP starts | Continuous leave and PLP start |
| Fri 26 Mar 2027 | On PLP | 10th PLP day |
| Sun 28 Mar 2027 | On leave | Continuous leave ends |
| Thu 8 Jul 2027 | 84th PLP day | At work |
| Tue 31 Aug 2027 | Continuous leave ends | At work |
| Fri 3 Sep 2027 to Fri 25 Feb 2028 | 26 flexible Fridays | At work |
| Fri 3 Mar to Fri 12 May 2028 | At work | 10 flexible Fridays, skipping Good Friday (14 Apr 2028) |
| Wed 14 Mar 2029 | Last day any parental leave can be taken | Same |
Flexible days used: Wren 4 + 26 = 30 of her 130; Elif 10 of his 130. All leave ends more than a year before the 24-month limit.
| Notice | Wren | Elif |
|---|---|---|
| Written notice, 10 weeks ahead, with continuous dates and total flexible days | By Fri 27 Nov 2026, counted back from her first flexible day (Fri 5 Feb 2027). Without the pre-birth Fridays it would be Mon 21 Dec 2026. Her employer can agree to less, because the flexible days come before a continuous period | By Mon 4 Jan 2027, or as soon as possible if the baby comes early |
| Confirm dates, 4 weeks ahead | By Fri 8 Jan 2027 | By Mon 15 Feb 2027 |
| Each flexible day, 4 weeks ahead | First pre-birth Friday by Fri 8 Jan 2027; first post-return Friday by Fri 6 Aug 2027 | First Friday by Fri 4 Feb 2028 |
| Who | PLP days | Dates | Amount before tax |
|---|---|---|---|
| Elif, at the birth | 10 | Mon 15 to Fri 26 Mar 2027 | 10 x $200.94 = $2,009.40 |
| Wren, one block from the birth | 84 | Mon 15 Mar to Thu 8 Jul 2027 | 78 x $200.94 = $15,673.32, plus 6 days (1 to 8 Jul) at the 2027-28 rate |
| Wren, single days | 26 | Her flexible Fridays, 3 Sep 2027 to 25 Feb 2028 | 26 days at the 2027-28 rate |
| Elif, single days | 10 | His flexible Fridays, 3 Mar to 12 May 2028 | 10 days at the 2027-28 rate |
| Family total | 130 | Wren 110 (her maximum with a partner), Elif 20 (his reserved days) |
We count PLP days Monday to Friday. Only the birth fortnight has both parents on PLP, so they use 10 same-time days, inside the 20-day limit. Every PLP day is used by 12 May 2028, well inside the 2-year deadline. The 2027-28 rate had not been published at 11 October 2026. If Elif skipped his 20 days, Wren still could not go past 110.
Keeping in touch days fit only Wren's continuous leave, 1 March to 31 August 2027, never a flexible Friday, and Elif cannot take one on any of his Fridays. The rest of those rules are in keeping in touch days on parental leave.
As for the sections above: Fair Work Ombudsman fact sheet (11 May 2026), Applying for parental leave and Types of parental leave (2 September 2026); Services Australia, Choose how to take your Parental Leave Pay (read 11 October 2026) and How much Parental Leave Pay you can get (1 July 2026); Fair Work Ombudsman, Keeping in touch days (2 September 2026). All dates, counts and totals are our calculations.
Using flexible days for a 4-day week
Flexible days can give you a 4-day week for months after your return without changing your contract hours. From Wednesday 1 September 2027 Wren is back full-time on paper but works Monday to Thursday. Every Friday is a flexible unpaid parental leave day, and every Friday is also a PLP day, because she is not working.
| Item | Wren's numbers |
|---|---|
| Fridays off | 26, from Fri 3 Sep 2027 to Fri 25 Feb 2028 |
| Flexible days used | 26 here, 30 in total with the pre-birth Fridays, of 130 |
| PLP days used | 26 of her 110, paid at the 2027-28 rate |
| Pay from her employer | None for the Fridays: they are unpaid leave |
| Notice | One letter listing all 26, sent by Fri 6 Aug 2027, covers every Friday (the last alone would need notice by Fri 28 Jan 2028) |
| Keeping in touch days | None on any Friday |
The pattern ends when the notified Fridays run out, and her hours never change. A permanent part-time return is a different route: a request for flexible working arrangements under s 65. That request is covered in returning to work after maternity or parental leave.
What changes on a flexible day
A flexible day is unpaid leave, so some rules that protect you during a continuous block switch off for that day.
- No keeping in touch days. They can only be worked inside continuous leave.
- No pay from your employer, unless your agreement or policy adds it. PLP is separate.
- No consultation duty. Your employer's duty under s 83 to consult you about decisions that significantly affect your pre-parental leave job applies to unpaid parental leave "other than flexible unpaid parental leave".
- No replacement-employee notice. The s 84A duty to tell a replacement employee about your right to return does not apply to flexible leave.
- Service counts for some things only. Approved NES unpaid leave counts towards continuous service for flexible work requests, parental leave and notice of termination. Leave does not build up on a flexible day; accruing annual leave on maternity leave shows what that costs.
Fair Work Ombudsman, Keeping in touch days (2 September 2026): "Employees can't take keeping in touch days when they're on flexible unpaid parental leave." Fair Work Act 2009 s 83: applies to "an employee ... taking a period of unpaid parental leave, other than flexible unpaid parental leave"; s 84A(2): "Subsection (1) does not apply in relation to the taking of flexible unpaid parental leave." (AustLII, read 11 October 2026.) Fair Work Ombudsman, Unpaid leave (23 October 2025, read 6 October 2026): "Unpaid leave under the NES that has been approved by an employer counts towards an employee's continuous service for: an employee's right to request flexible working arrangements; unpaid parental leave and related entitlements; notice of termination or payment in lieu of notice."
Common questions
What is flexible parental leave?
Part of your 12 months of unpaid parental leave taken as single days or blocks instead of one continuous period. For a child born or placed from 1 July 2026 you can take up to 130 days this way, within 24 months of the birth.
How many days of flexible parental leave can I take?
Up to 130 for a child born or placed on or after 1 July 2026, 120 for 1 July 2025 to 30 June 2026, 110 for 1 July 2024 to 30 June 2025, and 100 before that.
Can an employer refuse flexible unpaid parental leave?
The Act does not give your employer a power to refuse a properly notified flexible day. You must give written notice with the total number of days, at least 4 weeks' notice of each day, and any evidence your employer asks for; without the evidence you are not entitled to the leave.
How much notice do I need for flexible parental leave?
At least 10 weeks' written notice stating the total number of flexible days, confirmation 4 weeks before the leave starts, then at least 4 weeks' notice of each specific day. Your employer can agree to less in some cases.
Does flexible parental leave come out of my 12 months?
Yes. Flexible and continuous leave together cannot pass 12 months unless you extend.
Can I take flexible parental leave before the baby is born?
Yes, if you are the pregnant employee and still working in the 6 weeks before the expected birth. Those days count towards your flexible cap.
Can both parents take flexible parental leave at the same time?
Yes. Each parent has their own 12 months and their own flexible days. For PLP, both parents can be paid on the same day for up to 20 days.
Can I get Parental Leave Pay on my flexible days after going back to work?
Yes. PLP can be taken as single days before or after you return to work, as long as you are not working that day and every day is used within 2 years of the birth or adoption.
Can I take keeping in touch days on flexible parental leave days?
No. Keeping in touch days are only available during continuous unpaid parental leave.
What are the changes to paid parental leave in 2026?
For a child born or adopted from 1 July 2026, PLP rose to 130 days for the family, with 20 reserved for the other parent (up from 120 and 15), at $200.94 a day. Flexible unpaid days rose to 130 for the same births.
Can I take a career break after maternity leave?
You can ask for up to a further 12 months of unpaid parental leave, taking you to 24 months if your employer agrees. The request deadline and the grounds for refusal are in returning to work after maternity or parental leave.
Author & reviewer
Sarah has spent over a decade advising Australian SMBs on Fair Work, NES compliance, and payroll. Based in Sydney, she has worked across hospitality, retail and professional services.