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

Schedule 1   Flexible paid parental leave

Paid Parental Leave Act 2010

178   After subsection 108(1)

Insert:

(1A) The Secretary must revoke an employer determination made for a person and the person's employer in relation to a child of the person if the Secretary is satisfied that a decision (whether or not the decision is a payability determination) has been made that has the effect that parental leave pay is not payable to the person in relation to the maximum PPL period for the child.

(1B) The Secretary must revoke an employer determination made for a person and the person's employer in relation to a child of the person if the Secretary is satisfied that:

(a) the person has a continuous PPL period for the child; and

(b) a decision (whether or not the decision is a payability determination) has been made that has the effect that parental leave pay is not payable to the person for one or more flexible PPL days for the child that fall within the person's continuous flexible period for the child that is mentioned in the employer notice relating to the employer determination.

(1C) The Secretary must revoke an employer determination made for a person and the person's employer in relation to a child of the person if the Secretary is satisfied that:

(a) the person has a continuous PPL period for the child; and

(b) a payability determination under section 17A, 17B or 17C that paid parental leave is payable to the person for one or more flexible PPL days for the child comes into force; and

(c) those flexible PPL days fall within the person's continuous flexible period for the child that is mentioned in the employer notice relating to the employer determination; and

(d) those flexible PPL days are not week days.

(1D) If the Secretary revokes an employer determination under subsection (1A), (1B) or (1C), the revocation comes into force on the day specified by the Secretary.