Paid Parental Leave Amendment (Flexibility Measures) Act 2020 (53 of 2020)
Schedule 1 Flexible paid parental leave
Paid Parental Leave Act 2010
96 After section 31
Insert:
31AA When a person is eligible for parental leave pay on a flexible PPL day for a child
(1) A person is eligible for parental leave pay on a flexible PPL day for a child if:
(a) the person is eligible for parental leave pay on the day under subsection (2), (3), (4) or (5); and
(b) the person is not ineligible for parental leave pay on the day under section 31AB.
(2) A person is eligible for parental leave pay on a flexible PPL day for a child if:
(a) the person satisfies the Australian residency test on that day; and
(b) the person is the primary carer of the child on that day; and
(c) on that day:
(i) the person is performing no more than one hour of paid work; or
(ii) the person is performing more than one hour of paid work but the person is performing that work for a permissible purpose; and
(d) if the person has not previously satisfied the work and income tests in relation to the child - the person satisfies the work test and the income test on that day; and
(e) if the person is the primary claimant - the person:
(i) satisfies the Australian residency test on the day the child was born; and
(ii) is, if the day the child was born is in a newly arrived resident's waiting period that the person is subject to under section 31A, a person to whom subsection 31A(7) or (7A) applies on the day the child was born.
(3) A person is eligiblefor parental leave pay on a flexible PPL day for a child if:
(a) the child is stillborn or has died before that day; and
(b) on that day, the person would be eligible under subsection (2) for parental leave pay on that day, if paragraphs (2)(b) and (c) were disregarded; and
(c) the person would have been the child's primary carer on that day had the child not been stillborn or died.
(4) A person is eligiblefor parental leave pay on a flexible PPL day for a child if:
(a) the person is the primary claimant; and
(b) the person satisfies the Australian residency test on both of the following days:
(i) the day the child was born;
(ii) that flexible PPL day; and
(c) if the person has not previously satisfied the work and income tests in relation to the child - the person satisfies the work test and the income test on that flexible PPL day; and
(d) the person is, if the day the child was born is in a newly arrived resident's waiting period that the person is subject to under section 31A, a person to whom subsection 31A(7) or (7A) applies on the day the child was born; and
(e) on that flexible PPL day, the person satisfies the conditions prescribed by the PPL rules.
(5) A person is eligible for parental leave pay on a flexible PPL day for a child if:
(a) the person is a secondary claimant or tertiary claimant; and
(b) on that day, the person satisfies the conditions prescribed by the PPL rules.
31AB When a person is not eligible for parental leave pay on a flexible PPL day for a child
(1) This section sets out when a person (the relevant claimant ) is not eligible for parental leave pay on a day that is a flexible PPL day for a child.
When flexible PPL days exceed 30
(2) The relevant claimant is not eligible for parental leave pay on a flexible PPL day for the child if, on that day, one or more determinations under section 17A, 17B or 17C that parental leave pay is payable to a person are in force in relation to 30 flexible PPL days for the child.
When payability determination already made in relation to a day
(3) The relevant claimant is not eligible for parental leave pay on a flexible PPL day for the child if there is in force a payability determination under section 17A, 17B or 17C that parental leave pay is payable to a person for that child for that day.
Overlap with DAPP period
(4) The relevant claimant is not eligible for parental leave pay on a flexible PPL day for the child if:
(a) there is in force a payability determination that dad and partner pay is payable to the relevant claimant for the relevant claimant's DAPP period for the child; and
(b) the day is a day that is in that period.
Excess days
(5) The relevant claimant is not eligible for parental leave pay on a flexible PPL day for the child if:
(a) there is in force a payability determination that dad and partner pay is payable to the relevant claimant for the relevant claimant's DAPP period for the child; and
(b) there is in force a payability determination that parental leave pay is payable to the relevant claimant for the relevant claimant's PPL period for the child; and
(c) there is in force one or more payability determinations that parental leave pay is payable to the relevant claimant for one or more flexible PPL days for the child (the relevant flexible PPL days ); and
(d) the sum of the following number of days is at least 90:
(i) the number of week days in the period mentioned in paragraph (a);
(ii) the number of week days in the period mentioned in paragraph (b);
(iii) the number of relevant flexible PPL days.
Claimant deceased
(6) The relevant claimant is not eligible for parental leave pay on a flexible PPL day for the child if, on that day, the relevant claimant is deceased.
Newly arrived resident's waiting period
(7) The relevant claimant is not eligible for parental leave pay on a flexible PPL day for the child if the day is in a newly arrived resident's waiting period for the relevant claimant (see section 31A).