Who is eligible & coverage
Eligibility criteria (Fair Work Act)
- Pregnant;
- A parent with responsibility for the care of a child of school age or younger;
- A carer (see definition in FAQs);
- Has a disability;
- Is 55 or older;
- Experiencing family and domestic violence (FDV);
- Provides care or support to an immediate family/household member who is experiencing FDV.
Returning from parental leave: A parent with responsibility for a child may request to return on a part‑time basis.
National vs state systems
Most employees are in the national Fair Work system. Some public sector or local government employees are in state systems with different rules (see Section 5).
Check your instrument
Review your enterprise agreement, modern award and any company policy for additional or different processes. Instruments and policies can add benefits, but not reduce the NES minimums.