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What is adoption leave?

Maternity & Parental Leave

17 Feb 2026 (Last updated 17 Feb 2026)

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If one of your employees decides to adopt a child under 16 years of age, they may need to take unpaid adoption related leave. They can ask for this if they will be the primary carer and as long as they have worked for you for at least 12 months before the date of adoption.

The child must be under 16 years of age, not a child of the employee or their spouse/de facto and not have lived with the employee for six months or more on the date of placement. The employee can take up to 12 months of unpaid adoption leave. They can then ask for a further 12 months and you can only refuse on reasonable business grounds.

What is the preocess?

Your employee will need to give you written notice of intention to take adoption leave at least 10 weeks before going on leave. They need to provide evidence of the placement day and evidence the child is under 16 on that day.

You do not usually have to pay an employee for adoption leave, unless they have a contractual or policy-based entitlement to be paid. But you may be asked by the government to pass on any payments to them under its Parental Leave Pay (PLP) scheme.

Your employee can also take unpaid pre-adoption leave of up to two days to attend interviews or examinations to get approval for the adoption.

If they have paid leave entitlements available, such as annual leave, you can require them to take these instead of unpaid pre-adoption leave. Employees still need to let you know as soon as possible when they need leave of any kind and provide evidence for it.

Are all employees entitled to adoption leave?

Not every employee is entitled to adoption-related leave. Under the Fair Work Act 2009, fullt-time, part-time and eligible long-term casual employees that have worked continuously for the same employer for a minimum of 12 months are entitled to 12 months unpaid adoption leave. Employees can request from their employer, a further 12 months unpaid leave.

As an employer, when your employee's leave ends you must allow them to return to their previous position. If that role is no longer available, you must find an alternative role.

Employees may not qualify for government-funded Parental Leave Pay if the adoption does not meet certain criteria.

This includes:

  • Adopting a stepchild or other family member.
  • Becoming a legal guardian without formal adoption.
  • Arrangements that are private or informal, rather than through a recognised adoption authority.

If an employee is not eligible for government-funded Parental Leave Pay, they may be able to access other financial support, including:

  • State or territory-specific parenting or adoption allowances.
  • A Family Tax Benefit through Services Australia.

As an employer, it’s important to understand the rules for all types of adoption, including surrogacy, to ensure your policies are inclusive and compliant with Australian law.

Peninsula advisers can help you navigate adoption related leave. For peace of mind, you can always call our 24 hour Advice Line.

This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

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