Aussie teacher loses battle for 16 weeks’ paid parental leave to care for newborn baby while he wife returned to work: Here’s why

A high school teacher has lost a Fair Work battle for 16 weeks of paid parental leave after arguing he should qualify when he became the primary carer of his newborn. 

Andrew Read wanted to stay home with the baby after his wife returned to work and argued that he would become the primary carer.

But the 16-week entitlement available under his workplace agreement was not a general allowance for any parent who becomes the main caregiver.

Instead, it applied in specific circumstances where a person is granted parental responsibility, including through adoption, surrogacy or a permanent care order.

Because Mr Read was the child’s biological father, he already had parental responsibility from birth and therefore did not meet those criteria.

Mr Read has been employed as a classroom teacher at Mordialloc College since January 2024.

In 2026, he and his wife welcomed their child.

His wife initially took parental leave as the baby’s primary caregiver, while Mr Read used four weeks of paid partner leave between January and March 2026.

At the same time, he applied for the more generous entitlement known as ‘other paid parental leave’, which provides up to 16 weeks of paid leave.

Mr Read argued that he should qualify because he planned to become the child’s primary carer once his wife returned to work.

While his paid partner leave was approved by the college’s principal, she said she did not have authority to approve the additional leave and referred his follow-up request to Victoria’s Department of Education.

The department rejected the application, arguing that although Mr Read was the child’s biological father, he did not meet the eligibility criteria for the 16-week entitlement.

Fair Work Commissioner Oanh Thi Tran upheld that decision on September 4.

She found the entitlement was clearly limited to particular circumstances and did not extend to biological fathers simply because they later took over the day-to-day care of their child.

The provision applies to Victorian education employees who have been granted parental responsibility following an adoption, surrogacy arrangement, permanent care order or in other circumstances approved by the education department.

During proceedings, Mr Read argued that he did not need a formal legal order or official process to be given parental responsibility.

He said that once his wife returned to work and he took over caring for their baby, he would effectively become the child’s primary caregiver and have parental responsibility.

The department disagreed, arguing there had been no new grant of parental responsibility because Mr Read already held that responsibility automatically as the child’s biological parent.

Commissioner Tran agreed, finding no one had ‘given, accorded, bestowed or conferred’ parental responsibility on Mr Read because he had automatically acquired it when his child was born.

While she acknowledged the benefits of fathers taking parental leave, she found the agreement did not allow Mr Read to access the entitlement he was seeking.

‘This is an admirable and appropriate thing for a father to desire,’ she wrote in her published decision.

‘I accept that it may be desirable for fathers and non-birthing parents to have entitlements to paid parental leave, particularly in circumstances where they may be the primary caregiver.’

But she found the agreement clearly limited the 16-week entitlement to specific circumstances and did not cover biological fathers in Mr Read’s position.

Mr Read had also argued that the agreement should be interpreted in a way that was not discriminatory.

Commissioner Tran rejected that argument.

‘I do not consider that there is any discrimination where more generous provisions have particular criteria required in order for them to be accessed,’ Commissioner Tran wrote.

‘Interpreting an agreement does not involve rewriting it to give effect to what might be regarded as a fair or just outcome.’

The case is likely to reignite debate about parental leave entitlements for fathers and other parents who become primary carers.

Currently, the Australian Government provides eligible parents with up to 26 weeks of Paid Parental Leave at the national minimum wage, while the National Employment Standards guarantee eligible employees access to unpaid parental leave.

The Workplace Gender Equality Agency reported last month that two in three employers with 100 or more staff now offer paid parental leave.

The amount of leave varies between employers and is often linked to whether an employee is classified as a primary or secondary carer.

On average, employers provide 14 weeks of paid leave to primary carers and 3.7 weeks to secondary carers.

A growing number of Australian employers have also moved towards gender-neutral parental leave policies, with 20 per cent offering the same leave entitlements to all parents irrespective of gender.

WGEA said the approach encourages a more equal sharing of caring responsibilities and helps remove gender stereotypes around parenting.

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