Hiring parental leave cover for an OT, speech pathologist or physio: what the rules say
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Under the National Employment Standards (NES), an eligible employee can take up to 12 months of unpaid parental leave, or up to 24 months if you agree, and has a right to return to their pre-leave role. So parental leave cover is a temporary role with a moving end date, and the Fair Work Ombudsman says you must tell the replacement three things before you engage them.
This is general information, not legal advice. For your situation, talk to the Fair Work Ombudsman or an employment lawyer. I commissioned a hospital avoidance service and recruited close to 30 FTE using values-based hiring, and I now run a multi-site paediatric allied health practice in South East Queensland. This page puts the rules a practice owner needs in one place.
What the person going on leave is entitled to
| What the Fair Work Ombudsman says | |
|---|---|
| Unpaid parental leave | Up to 12 months for each parent, or up to 24 months if the employer agrees |
| Who’s eligible | At least 12 months’ continuous service. Casuals qualify if employed on a regular and systematic basis for at least 12 months, with a reasonable expectation of continuing |
| Asking for more | An employee on 12 months’ leave can request a further 12 months (up to 24 in total). You can refuse only if you’ve discussed it and genuinely tried to reach agreement, considered the consequences for the employee, and have reasonable business grounds |
| Flexible days | Up to 130 flexible unpaid parental leave days for a child born or placed on or after 1 July 2026 (fewer for earlier births: 100, 110 or 120 days, depending on the date) |
| Coming back | The employee returns to their pre-leave position, or, if it no longer exists, an available position they’re qualified and suited for, nearest in status and pay |
| While they’re away | You must keep them informed of decisions that significantly affect their pre-leave position, and give them a chance to discuss them |
What this means for cover. The end date you start with may move. The employee can ask to extend to 24 months, and the leave can also end early. Plan the replacement contract around that from day one.
What you must tell the replacement
Before you engage someone to replace an employee on unpaid parental leave, the Fair Work Ombudsman says you must tell them:
- the engagement is temporary
- the employee on leave has a right to return to work when the leave ends
- there are situations where you or the employee on leave can end the leave early.
Put it in writing in the offer, so a clinician who is weighing your role against a permanent one knows exactly what they’re signing up for. The Fair Work Ombudsman’s replacement employees page has the detail.
Fixed-term contract limits, and the replacement exception
For fixed-term contracts made on or after 6 December 2023, unless an exception applies:
- the contract can’t run for more than 2 years, including extensions and renewals
- it can’t include an option to extend or renew so the employment goes past 2 years, or to extend or renew more than once
- there’s a limit on consecutive contracts for similar work with substantial continuity.
You must give every new fixed-term employee the Fixed Term Contract Information Statement (FTCIS) when, or as soon as possible after, you enter the contract. Casuals are excluded from these rules.
The exception for cover. Fair Work lists “emergency circumstances or replacing someone who is temporarily away” among the exceptions to the limits, and Fair Work’s own example is a contract replacing an employee on 24 months’ parental leave. So for a parental leave cover contract, an exception may apply. Whether it applies to your contract is a question for Fair Work or your lawyer, especially if the leave is extended towards 24 months and the cover runs with it.
Paid Parental Leave: the basics
Paid Parental Leave is a government payment, separate from the unpaid leave above.
| What Services Australia says | |
|---|---|
| How long | 130 days (26 weeks on a 5-day week) for a child born or adopted from 1 July 2026. The day limit applies to the family |
| Rate | A$200.94 a day, or A$1,004.70 a week, before tax, from 1 July 2026. It’s the same for everyone, regardless of earlier earnings |
| Your role as employer | You provide Parental Leave Pay to eligible employees, but only for the first single continuous block (up to 26 weeks). Services Australia pays any other days |
| Super | For children born or adopted from 1 July 2025, the ATO pays a super contribution on Parental Leave Pay after the financial year ends. Employers don’t calculate or pay it |
Any paid parental leave your own policy or agreement offers sits on top of this; check your documents.
Timing: what to sort before the replacement starts
- A Medicare provider number for your practice location. If the replacement will bill Medicare, they need a provider number for each practice location, applied for in HPOS. Services Australia says to apply early because of a surge between December and April.
- The right credential for each profession. Services Australia says OTs and physios need current general or limited registration with their Ahpra board for Medicare-rebated work. Speech pathologists aren’t Ahpra-registered; they need Certified Practising status with Speech Pathology Australia.
- A handover window. Overlapping the replacement with the person going on leave is a choice, not a rule, but it can only be planned before the leave starts.
- An early return. Because the leave can end early, decide now how you’d end or adjust the cover role, and make sure the offer says so.
By profession
| Occupational therapy | Speech pathology | Physiotherapy | |
|---|---|---|---|
| Who credentials them | Occupational Therapy Board of Australia (Ahpra) | Speech Pathology Australia: Certified Practising status (not Ahpra) | Physiotherapy Board of Australia (Ahpra) |
| Medicare chronic condition item | 10958 | 10970 | 10960 |
| Award minimum (Level 1 year 1, full-time, from 1 Oct 2026) | A$1,308.80 a week | A$1,308.80, A$1,337.10 or A$1,444.90 a week, by qualification level (AQF 7, 8 or 9) | A$1,308.80 a week |
A clinician comparing your cover role will also look at the Queensland Health HP3 scale, A$83,824 to A$120,740 a year from 1 September 2026, so be ready to explain how your package compares.
How we fit in
We place clinicians into fixed-term contract roles, including parental leave cover, as well as permanent roles. The clinician is employed by your practice on your contract, not by us. We don’t supply workers we engage or pay, which is what makes a business labour hire under Queensland’s licensing scheme. How recruiter fees to employers work under Queensland’s code is on recruiter fees and the Queensland PEA code.
If the person you hire is coming from overseas, our onboarding guide covers registration and provider numbers. If you’re thinking of sponsoring someone for a cover role, read sponsor obligations first and talk to a registered migration agent before you advertise.
Next step
Work out three things before you advertise: the likely start and end dates, whether you’d agree to an extension if it’s asked for, and which profession and credential you need. Then tell us about the role below. We’ll tell you what clinicians in that profession are likely to ask about a cover role, and what to put in the offer so they can say yes.
Related guides
- Contractor or employee? How the ATO and Fair Work decide, for OTs, speech pathologists and physiosATO and Fair Work use different employee-or-contractor tests. What each checks, when contractors get 12% super, and what it means for OTs, speech and physios.
- Onboarding an overseas therapist: the first 90 daysA 90-day plan for employers: Medicare provider numbers, OT orientation, physio supervised practice, SPA certification and the 2-year rule for a 186 visa.
- Taking a parental leave cover role as an OT, speech pathologist or physio: what to knowA parental leave cover role is temporary and can end early. What the employer must tell you, fixed-term limits, and how OTs, speech and physios should compare.
- Recruiter fees in Queensland: what the 2026 agents code means for employersWhat a recruiter must tell you before charging a fee under Queensland's 2026 agents code, who they can't charge, the records they keep, and the 14-unit penalty.
Sources
- Fair Work Ombudsman: parental leave and related entitlements fact sheet
- Fair Work Ombudsman: replacement employees
- Fair Work Ombudsman: fixed term employees
- Services Australia: Parental Leave Pay days increasing from 1 July 2026
- Services Australia: Paid Parental Leave rate changes for the new financial year
- Services Australia: about the Paid Parental Leave scheme
- Services Australia: apply for initial provider numbers
- Services Australia: specific criteria for allied health professionals
- Fair Work: Health Professionals and Support Services Award MA000027
- Queensland Health: health practitioner wage rates
- Queensland Labour Hire Licensing: who needs a licence