Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Act 2020 (97 of 2020)

Schedule 4   Paid parental leave work test period

Paid Parental Leave Act 2010

1   Section 6

Insert:

COVID-19 affected claimant : a person is a COVID-19 affected claimant in relation to a claim for parental leave pay, or dad and partner pay, for a child if:

(a) either:

(i) the child is or was born between 22 March 2020 and 31 March 2021; or

(ii) if the claim is made before the child's birth - the child's expected date of birth is during that period; and

(b) the person must satisfy the work test to be eligible for parental leave pay or dad and partner pay (as the case may be); and

(c) the Secretary is satisfied that any of the following circumstances apply in relation to the person:

(i) the person became unemployed as a result of the adverse effects of the coronavirus known as COVID-19;

(ii) the person's working hours were reduced (including to zero) as a result of the adverse effects of the coronavirus known as COVID-19;

(iii) a business that the person, or an entity that is controlled by the person, carries on for profit and for which the person performs work was suspended, or suffered a reduction in turnover, as a result of the adverse effects of the coronavirus known as COVID-19; and

(d) as a result of that circumstance applying in relation to the person, the person would not satisfy the work test if the person's work test period were the period under:

(i) if the claim is for parental leave pay - section 33; or

(ii) if the claim is for dad and partner pay - paragraph 115CD(b).