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

Schedule 1   Flexible paid parental leave

Paid Parental Leave Act 2010

27   Section 7

Omit:

If the Secretary makes a determination that parental leave pay is payable to a person for a child, the parental leave pay is payable for the particular period that is specified in the determination. This period is the person's PPL period. The maximum period for which any person may be paid parental leave pay is 18 weeks. A person's PPL period may be the full 18 weeks or a lesser period (e.g. where the person is not eligible for parental leave pay for that full period).

If a secondary or tertiary claim is made, that claim will be for the part of the maximum 18 week period (or lesser period) in which parental leave pay was not payable to the primary claimant. The person's employer or the Secretary will pay instalments of parental leave pay for that period (see Chapter 3 for the rules about how the person is paid parental leave pay).

substitute:

If the Secretary makes a determination that parental leave pay is payable to a person for a child in relation to the maximum PPL period for the child, parental leave pay is payable to the person for the particular period specified in the determination. This period is the person's PPL period for the child which may be a maximum of 12 weeks long. A person's PPL period for a child may be the full 12 weeks or a lesser period (e.g. where the person is not eligible for parental leave pay for that full period).

If a secondary or tertiary claim is made in relation to the maximum PPL period for the child, that claim will be for the part of the maximum 12 week period (or lesser period) in which parental leave pay was not payable to the primary claimant for the child.

If the Secretary makes a determination that parental leave pay is payable to a person for one or more flexible PPL days for a child of the person, parental leave pay is payable for the particular days specified in the determination. The number of flexible PPL days for the child for which parental leave pay is payable cannot exceed 30.

The Secretary may only make a determination that parental leave pay is payable to a secondary claimant for one or more flexible PPL days for a child if the primary claimant for the child has given permission for secondary claims to be made.

The person's employer or the Secretary will pay instalments of parental leave pay that are payable to a person (see Chapter 3 for the rules about the payment of parental leave pay).