Louisa Posted June 7, 2019 Share Posted June 7, 2019 (edited) Hi, everyone, I applied 186 trt and the pr approved last month. According to the requirement of immi, I need to work with the current employer for 2 years. But I am pregnant. Does anybody know that could I take unpaid parental leave for 12 months from my company? And do I need to notify immi this situation? Thanks. Edited June 7, 2019 by Louisa Quote Link to comment Share on other sites More sharing options...
Marisawright Posted June 7, 2019 Share Posted June 7, 2019 (edited) If someone leaves the company before the two years are up, the employer is likely to report him/her to Immigration and they would lose their visa. After all , the company paid a lot of fees and put in a lot of work to get that visa, so they will be annoyed if the person does not fulfil their side. I think that is pretty clear. However, you are not leaving, you just want to take time off, which you are legally entitled to as a permanent employee with more than 12 months' service. So in theory, it should not be a problem. However, I would not rely on that logic. I suggest you consult a reputable migration agent for advice - relying on advice in a forum on such an important matter is risky. How do you think your employer is going to react? Are they likely to be annoyed and make life difficult for you or do you think they'll be reasonable? Bear in mind you must give your employer at least 10 weeks' notice before you can take the leave. Edited June 7, 2019 by Marisawright 1 Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted June 7, 2019 Share Posted June 7, 2019 I can’t see it being an issue, you are not leaving the company, just going on paid (?) /unpaid leave. Even if the company said something to immigration, Fairwork would have plenty to say about it and I doubt they would be able to enforce anything anyway because you would still technically be an employee of the company. 1 Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted June 7, 2019 Share Posted June 7, 2019 And to answer your original question yes, if you have worked for your employer for 12 months or more, you are entitled to take 12 months leave by law, and up to 24 months at your employers discretion. Although to refuse this they would have to show how the business would suffer and that nobody else could act in your position. Unless your job is highly specialised, you can take 2 years unpaid leave. I know because I have just extended my own maternity leave to 18 months Details are here btw: https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/parental-leave-and-related-entitlements No need to inform immigration, your child will be an Australian citizen by birth. Congratulations, all the best x 1 Quote Link to comment Share on other sites More sharing options...
Louisa Posted June 7, 2019 Author Share Posted June 7, 2019 Thank you everybody for replying me. Quote Link to comment Share on other sites More sharing options...
AJ Posted June 7, 2019 Share Posted June 7, 2019 well if you are pregnant now you are going to have the baby before 12 months so will you be entitled to maternity leave? 1 Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted June 7, 2019 Share Posted June 7, 2019 (edited) 9 hours ago, AJ said: well if you are pregnant now you are going to have the baby before 12 months so will you be entitled to maternity leave? She has been working for her employer on a temporary visa before transitioning to PR, so probably-yes. Edited June 7, 2019 by Wonderingaloud 1 Quote Link to comment Share on other sites More sharing options...
Louisa Posted June 7, 2019 Author Share Posted June 7, 2019 10 hours ago, AJ said: well if you are pregnant now you are going to have the baby before 12 months so will you be entitled to maternity leave? I think I am entitled to have maternity leave because I have been working in this company for 3 years. Quote Link to comment Share on other sites More sharing options...
AJ Posted June 8, 2019 Share Posted June 8, 2019 6 hours ago, Louisa said: I think I am entitled to have maternity leave because I have been working in this company for 3 years. That would be good, but I just like to cover all bases so I would check again that it doesnt just count from when your PR is granted 1 Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted June 8, 2019 Share Posted June 8, 2019 1 hour ago, AJ said: That would be good, but I just like to cover all bases so I would check again that it doesnt just count from when your PR is granted It doesn’t. You need to be a PR to get paid parental leave, but to take maternity leave you just need to have worked for your employer for at least 12 months. It’s all in the link I posted above. 1 Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted June 11, 2019 Share Posted June 11, 2019 The 186 visa does not require you to work for your employer for 2 years after the visa is granted. You need to confirm your intention to do so when you apply and during processing, but once the visa is granted there is no such condition (the 187 visa is the one which comes with cancellation conditions) Quote Link to comment Share on other sites More sharing options...
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