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Employers are being urged to review their PPL policies, in the wake of a finding that an employee was entitled to take paid leave as a primary caregiver, months after he had accessed paid leave as the baby's "non-primary" carer.

"In light of the ruling, employers will need to review the wording in their employment contracts in relation to paid parental leave and any paid parental leave policies that they have in place, to ensure that they will be interpreted and operate as intended," King & Wood Mallesons' senior consultant Brett Feltham told HR Daily.

The case involved a Peregian Beach College employee who, following the birth of his child in 2023, applied for and was granted one week of paid parental leave as a non-primary caregiver, under clause 5.3.2(d) of the employer's enterprise agreement.

After returning to work, he enquired about taking additional leave, telling the employer that for a set period of time he was going to be his son's primary caregiver...