Paid Parental Leave Amendment (Flexibility Measures) Act 2020 (53 of 2020)

Schedule 1   Flexible paid parental leave

Paid Parental Leave Act 2010

102   After subsection 31A(6)

Insert:

(6A) If:

(a) a person has made an effective claim for parental leave pay for a flexible PPL day for a child; and

(b) the person was receiving any of the following on the day before that flexible PPL day:

(i) a social security pension;

(ii) a social security benefit;

(iii) farm household allowance;

(iv) parental leave pay for the child;

(v) dad and partner pay for the child; and

(c) if the person is the primary claimant - the person was also receiving any of the things mentioned in subparagraphs (b)(i) to (v) on the day the child was born;

then subsection (1) does not apply to the person for the purposes of that claim to the extent it relates to that flexible PPL day.

(6B) If:

(a) a payability determination that parental leave pay is payable to a person in relation to a child is in force under section 13, 14, 15, 16 or 17; and

(b) the person has made an effective claim for parental leave pay for a period of one or more flexible PPL days for the child; and

(c) that period:

(i) begins on the first week day that occurs after the person's PPL period for the child ends; and

(ii) only consists of consecutive flexible PPL days for the child that are week days; and

(d) the person was receiving any of the following on the day before the start of the person's PPL period for the child:

(i) a social security pension;

(ii) a social security benefit;

(iii) farm household allowance; and

(e) if the person is the primary claimant - the person was also receiving any of the things mentioned in subparagraphs (d)(i) to (iii) on the day the child was born;

then subsection (1) does not apply to the person for the purposes of that claim to the extent that it relates to the period referred to in paragraph (b) of this subsection.