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Exempt leave

Certain types of an employee’s paid leave are exempt.

Even if the employee uses another form of leave for these exempt purposes, we will tax any other leave or payments you give them, such as:

  • sick leave
  • annual leave
  • long service leave
  • fringe benefits.

Maternity/paternity

Maternity and paternity leave are exempt from payroll tax for a maximum equivalent of 14 weeks full pay (both part time or full time) or 28 weeks half pay for a broken or continuous period.

The leave must be in connection with the pregnancy and can be taken before or after the child’s birth.

Keep records of:

  • medical certificates
  • statutory declarations relating to the pregnancy or date of birth.

See Public Ruling PTA012—Exemption for parental and adoption leave pay for more information. 

Adoption

Adoption leave is exempt, also for a maximum equivalent of 14 weeks on full pay or 28 weeks half pay (full time and part time). This can be taken before or after the adoption.

For your records, the employee should provide you with a statutory declaration that the child has been placed in their custody and that an adoption order has been made (or is coming).

See Public Ruling PTA012—Exemption for parental and adoption leave pay for more information. 

Volunteer worker

An exemption applies to wages you pay an employee who is on leave volunteering for:

  • fire fighting activities in a rural fire brigade, including training and prevention procedures under the Fire and Rescue Service Act 1990
  • the State Emergency Service, or another emergency service unit under the Disaster Management Act 2003
  • functions as an honorary ambulance officer under the Ambulance Service Act 1991.

 

Defence/military

If an employee is on leave to serve in the defence force, wages you pay them in that time are exempt.