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

Schedule 1   Flexible paid parental leave

Paid Parental Leave Act 2010

87   After section 26

Insert:

26A Initial eligibility determinations relating to flexible PPL days for a child

The Secretary may make a determination (the initial eligibility determination ) that a person is initially eligible for parental leave pay for one or more flexible PPL days for a child if:

(a) the flexible PPL days for the child are specified in an effective primary claim or effective secondary claim made by the person; and

(b) if no other initial eligibility determination under this section or section 26 is in force in relation to the person and child - the Secretary is satisfied that the person satisfies the work test and income test when making the determination; and

(c) if the person is a primary claimant - the Secretary is satisfied that the person satisfies the Australian residency test when making the determination.