Exemptions to the reserved days limit

You may be able to take all Parental Leave Pay days yourself, even if you have a partner.

How many Parental Leave Pay days your family will get depends on your child’s date of birth or adoption.

If you have a partner when you submit your claim, some days will be reserved for your partner to use. This is even if you and your partner separate after you claim.

Read more about the number of Parental Leave Pay days you’ll get.

What is an exemption

If you get an exemption, you don’t need to share Parental Leave Pay with your partner. You may be able to take all the Parental Leave Pay days.

An exemption may apply in circumstances where your partner is unable to care for the child for one of the following reasons:

  • there is a parenting order in place that prevents them caring for the child
  • your partner has died
  • they are in prison or another institution
  • their whereabouts are unknown
  • they suffer from a medical condition that prevents them caring for the child
  • they are a defence force member deployed outside Australia for the entire period.

An exemption may apply if your child:

  • is expected to be in hospital following their birth for at least 18 weeks
  • has a medical condition with high care and support needs for at least 18 weeks
  • was stillborn
  • has died.

You can also take all the days if you’re:

  • experiencing family or domestic violence
  • giving up the child as part of an adoption or a surrogacy arrangement
  • caring for the child in exceptional circumstances.

You can’t claim any days your partner has already taken. This will apply even if you are given an exemption to the reserved day limit. This includes if you separate from your partner.

How to apply for an exemption

You can apply for an exemption after you submit your claim by calling the Centrelink families line. We may ask you to provide evidence.

What evidence you may need to give us

Depending on your circumstances, we might ask you to provide us with evidence.

Your circumstancesEvidence we need
There is a parenting order in placeA parenting order or court order that restricts your partner’s ability to provide care for the child.
Your partner has died

Any of the following documents:

  • death certificate
  • another document confirming your partner has died
  • funeral home details

If you can’t provide one of these documents, you can complete a statutory declaration.

Your partner is in prison or another institution

Any of the following documents:

  • a document from the institution, state or territory Corrective Services
  • court documents
  • police records.

The document must show the start date and expected end date of your partner’s time in prison or other institution.

If you can’t provide any of these documents, you can complete a statutory declaration. This document will need to state that your partner is in prison or other institution for a period of at least 26 weeks.

Your partner’s whereabouts are unknown

Documents that show your partner can’t be located, such as court documents or police records.

If you can’t provide any of these, you can complete a statutory declaration. The document will need to state that your partner can’t be located and the efforts you have made to locate them.

Your partner suffers from a medical condition

A signed letter from their doctor or other medical professional stating all of the following:

  • what their medical condition is
  • when it started
  • the period they’re expected to be affected by it, or if it is ongoing.
Your partner is a defence force member deployed outside Australia for the entire periodDocumentation from the Department of Defence, or similar, stating your partner is deployed outside Australia, and the period of deployment.
You expect your child to be in hospital following their birth for at least 18 weeks

A document or letter from your doctor or hospital stating the date your child was hospitalised and either the:

  • date your child left hospital
  • anticipated length of stay.
Your child has a medical condition with high care and support needs for at least 18 weeks.

A signed document or letter from their doctor or other medical professional stating all of the following:

  • what your child’s medical condition is
  • when their medical condition started
  • your child is expected to require medical care or treatment, resulting in higher care needs
  • the period of medical care or treatment that will be required, or if it is ongoing for at least 18 weeks.
Your child was stillborn or died

Any of the following documents:

  • Doctor or Midwife - Proof of Birth Declaration form
  • death certificate for the child
  • letter from the doctor or midwife stating when your child was stillborn or died.
Page last updated: 29 April 2024.
QC 65467