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Who must comply with Paid Parental Leave scheme (26 weeks by 1 July 2026)?

The applicability test for Comply with Paid Parental Leave scheme (26 weeks by 1 July 2026), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Some businesses

Applies when the business has employees.

What the obligation is

Government-funded PPL expands to 26 weeks by 1 July 2026, with super on PPL from same date.

The Paid Parental Leave scheme, under the Paid Parental Leave Act 2010, funds Parental Leave Pay at the National Minimum Wage rate ($1,004.70 a week before tax from 1 July 2026). For a child born or adopted from 1 July 2026 a family can receive up to 130 days, or 26 weeks on a 5-day week (120 days for 2025-26 births, 110 days for 2024-25). The scheme applies to all employers, large and small. When Services Australia issues an Employer Determination, the employer must provide the government-funded pay to the employee through its payroll for the first continuous block, receiving the funds before it pays. For children born or adopted from 1 July 2025, the ATO pays a Paid Parental Leave Superannuation Contribution directly to the employee's fund after the financial year ends; the employer does not calculate or pay it. The scheme creates no new leave entitlement and does not let an employer withdraw paid parental leave it already provides.

The applicability test

Applies when the business has employees.

How the regulator frames it: Every employer, large or small, that receives an Employer Determination for an eligible employee (full-time, part-time, casual, seasonal or contract) who has been employed for 12 months or more, will remain employed through the Paid Parental Leave period, is likely to receive at least 8 weeks of Parental Leave Pay and is based in Australia. Employers need not provide it to independent contractors, short-term employees or former employees, but may opt in by agreement.

What triggers it: An employee lodging a Parental Leave Pay claim and Services Australia issuing an Employer Determination letter.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (35 of 35: depends on size or structure).

The answer is the same in every industry: depends on size or structure. Industry does not change who must comply.

Business structure and size

Structure does not change the answer across all industries: for every structure the answer is "depends on size or structure".

Size bandAnswer across all industries, any structure
No employees (turnover $100K–$1M)No
1–5 employees (turnover $100K–$1M)Yes
6–19 employees (turnover $1M–$3M)Yes
20–99 employees (turnover $3M–$10M)Yes
100–499 employees (turnover $10M–$100M)Yes
500+ employees (turnover $100M–$1B)Yes

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. You have employees (6–19)
  • Pty Ltd company in real estate agents with no employees, turnover $100K–$1M: does not apply. Requires employees.

What you must do, and when

When due
Accept (through Business Hub via PRODA) or seek review of an Employer Determination within 14 days of the letter; pay the employee in their normal pay cycle for the dates Services Australia specifies; report changes in circumstances; repay any overpayment within 28 days.
Frequency
When a triggering event occurs
Evidence to keep
Employer Determination letter and online acceptance notice; employee pay cycle and business bank details given to Services Australia; payroll records of Parental Leave Pay paid and tax withheld; records of funds received; notices of changes in circumstances; financial reporting and tax records required under the scheme.
In force from
1 July 2026
Status
Current
Priority
High

Penalty for not complying

Maximum penalty: Services Australia can direct an employer to stop providing Parental Leave Pay and recover overpaid funds, which must be repaid within 28 days. An employer also cannot withdraw an existing paid maternity or parental leave entitlement under an industrial agreement or law while it is in effect.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Dates in the compliance calendar

Obligations with the same applicability test

Where it sits in the corpus

Rules Mate tracks 1 published obligation tagged "ppl", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 1 of those apply outright. This obligation is rated high priority, and is triggered by events.

Regulator, legislation and tools

Paid Parental Leave Act 2010: Government-funded parental leave at national minimum wage.

Free tools that help with this obligation:

Questions

Who must comply with Paid Parental Leave scheme (26 weeks by 1 July 2026)?
Applies when the business has employees.
Do sole traders need to comply with Paid Parental Leave scheme (26 weeks by 1 July 2026)?
Depends on size or structure. Across every industry and every size band, the engine's answer for a sole trader is: depends on size or structure.
Do businesses with 1–5 employees need to comply with Paid Parental Leave scheme (26 weeks by 1 July 2026)?
Yes (1–5 employees, turnover $100K–$1M).
When is "Comply with Paid Parental Leave scheme (26 weeks by 1 July 2026)" due?
Accept (through Business Hub via PRODA) or seek review of an Employer Determination within 14 days of the letter; pay the employee in their normal pay cycle for the dates Services Australia specifies; report changes in circumstances; repay any overpayment within 28 days.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.