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

Schedule 1   Flexible paid parental leave

Paid Parental Leave Act 2010

42   At the end of Part 2-1

Add:

Division 3 - When parental leave pay for a flexible PPL day for a child is payable to a person

11A A determination must be made for parental leave pay for a flexible PPL day for a child to be payable to a person

Parental leave pay is payable to a person for a flexible PPL day for a child if a determination of the Secretary that parental leave pay is payable to the person for that day is in force under section 17A, 17B or 17C.

Note: See Division 2A of Part 2-2 for the rules about when the Secretary can make such a determination.

11B For a determination to be made, the person must be eligible

The Secretary cannot make a determination under section 17A, 17B or 17C that parental leave pay is payable to a person for a flexible PPL day for a child unless the person was or will be eligible for parental leave pay on that day.

Note: See Part 2-3 for the rules about when a person is eligible for parental leave pay on a flexible PPL day for a child.

11C For a determination to be made, the person must claim

The Secretary cannot make a determination under section 17A, 17B or 17C that parental leave pay is payable to a person for a flexible PPL day for a child unless the person has made:

(a) an effective primary claim for parental leave pay for that day (in which case the person is the primary claimant); or

(b) an effective secondary claim for parental leave pay for that day (in which case the person is the secondary claimant); or

(c) an effective tertiary claim for parental leave pay for that day (in which case the person is the tertiary claimant).

Note: See Part 2-4 for the rules about how to make an effective claim.

11D Flexible PPL day and flexible PPL period

(1) A day is a flexible PPL day for a child if the day occurs in the flexible PPL period for the child.

(2) The flexible PPL period for a child is the period that:

(a) starts on:

(i) if the only payability determination that is in force for a claimant for the child is a payability determination under section 13 or 15 - the first day after the PPL period specified in that determination ends; or

(ii) if 2 or more payability determinations under section 13, 14, 15, 16 or 17 are in force for 2 or more claimants for the child - the first day after whichever PPL period specified in those determinations ends the latest; or

(iii) if neither subparagraph (i) nor (ii) of this paragraph applies and only one initial eligibility determination under section 26 is in force for a claimant for the child - the first day after the claimant's expected PPL period for the child ends; or

(iv) if neither subparagraphs (i) nor (ii) of this paragraph applies and 2 initial eligibility determinations under section 26 are in force for 2 claimants for the child - the first day after whichever of those claimants' expected PPL period for the child ends the latest; or

(v) otherwise - the day the child is born; and

(b) ends on the day before the child's second birthday.