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Does Shared Parental Leave (SPL) offer the same dismissal protection as other government-paid parental leaves?


Updated by MSF

No. The dismissal protections that apply to Government-Paid Maternity Leave (GPML), Government-Paid Paternity Leave (GPPL), and Adoption Leave (AL) do not extend to SPL.

What dismissal protections exist for GPML, GPPL, and AL?

It is unlawful for an employer to serve a notice of dismissal to an employee while they are on GPML, GPPL, or AL. From 1 April 2025, this protection — which previously applied only to mothers on GPML — was extended to fathers on GPPL and adoptive parents on AL.

Why does SPL not have the same dismissal protection?

SPL significantly increases the overall duration of leave a parent can take. To allow employers to continue making fair employment decisions — such as dismissals due to poor performance — that are necessary for their businesses, the same dismissal protection was not extended to SPL.

What can I do if I am dismissed while on SPL?

If you believe you have been wrongfully dismissed while on SPL, you may file a claim at the Tripartite Alliance for Dispute Management (TADM) to seek redress.

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