Paid Parental Leave Act - Australia

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the primary claim is the main one — a secondary or tertiary claim cannot be made without it. The primary claim will often be the only claim that is made.

      If the Secretary makes a determination that parental leave pay is payable to a person for a child, the parental leave pay is payable for the particular period that is specified in the determination. This period is the person’s PPL period. The maximum period for which any person may be paid parental leave pay is 18 weeks. A person’s PPL period may be the full 18 weeks or a lesser period (e.g. where the person is not eligible for parental leave pay for that full period).

      If a secondary or tertiary claim is made, that claim will be for the part of the maximum 18 week period (or lesser period) in which parental leave pay was not payable to the primary claimant. The person’s employer or the Secretary will pay instalments of parental leave pay for that period (see Chapter 3 for the rules about how the person is paid parental leave pay).

      Division 2—When parental leave pay is payable to a person

      8 A determination must be made for parental leave pay to be payable to a person

      Parental leave pay is payable to a person for a child for a period if a determination of the Secretary that parental leave pay is payable to the person for that period is in force under section 13, 14, 15, 16 or 17.

      Note: See Part 2–2 for the rules about when the Secretary can make a determination that parental leave pay is, or is not, payable to a person.

      9 For the determination to be made, the person must be eligible

      The Secretary cannot make a determination that parental leave pay is payable to a person for a child for a period unless the person was or will be eligible for parental leave pay during the period.

      Note: See Part 2–3 for the rules about when a person is eligible for parental leave pay.

      10 For the determination to be made, the person must claim

      The Secretary cannot make a determination that parental leave pay is payable to a person for a child for a period unless the person has made:

      (a) an effective primary claim for the child (in which case the person is the primary claimant); or

      (b) an effective secondary claim for the child (in which case the person is the secondary claimant); or

      (c) an effective tertiary claim for the child (in which case the person is the tertiary claimant).

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

      11 The determination must specify the person’s PPL period

      (1) If the Secretary makes a determination that parental leave pay is payable to a person for a child, the Secretary must specify, in the determination, the period for which parental leave pay is payable to the person. That period is the person’s PPL period.

      Note: For a primary claimant’s PPL period, see subsections 13(3) and 14(3). For a secondary claimant’s PPL period, see subsections 14(6), 15(5) and 16(4). For a tertiary claimant’s PPL period, see subsection 17(3).

      (2) A person’s PPL period must be the same as, or within, the maximum PPL period for the child.

      (3) The maximum PPL period for a child is the period that:

      (a) starts on the child’s maximum PPL period start day; and

      (b) ends on the child’s maximum PPL period end day.

      (4) The maximum PPL period start day for a child is:

      (a) if, on or before the day (the relevant day) that is 28 days after the day the child was born, the primary claimant both made an effective claim for parental leave pay for the child and verified the child’s birth — the later of the following days:

      (i) the day the child was born;

      (ii) the primary claimant’s nominated start date; and

      (b) if, on or before the relevant day, the primary claimant made an effective claim for parental leave pay for the child but did not verify the child’s birth — the later of the following days:

      (i) the day the primary claimant verifies the child’s birth;

      (ii) the primary claimant’s nominated start date; and

      (c) if the primary claimant makes an effective claim for parental leave pay for the child after the relevant day — the later of the following days:

      (i) the day the claim is made;

      (ii) the primary claimant’s nominated start date.

      (5) The maximum PPL period end day for a child is the earlier of the following days:

      (a) the day that is 125 days after the maximum PPL period start day (which is 18 weeks from (and including) that start day);

      (b) the day before the child’s first birthday.

      Part 2–2—Determinations about whether parental leave pay is payable to a person

      Division 1—Guide to this Part

      12 Guide to this Part

      This Part is about the Secretary making determinations about whether parental leave pay is payable to a person. These determinations are payability determinations. A person cannot be paid parental leave pay unless there is a payability determination that parental leave pay is payable to the person.

      Division 2 has the rules that apply to the Secretary when making a payability determination. Different rules apply depending on the type of claim and, for a primary or secondary claim, whether it was made by itself or at the same time as another claim.

      Division 3 has restrictions that apply in particular circumstances to prevent the Secretary from making a payability determination that parental leave pay is payable to a person (for example, where the child’s birth has not been verified or the person has already been paid parental leave pay for the child).

      Division 4 has general rules that apply to payability determinations (for example, if the Secretary makes a determination, the Secretary must give a notice of it to the claimant).

      Division 5 deals with initial eligibility determinations. These determinations can be made by the Secretary before the Secretary makes a payability determination. The Secretary can make an initial eligibility determination if the Secretary is satisfied that the person satisfies, or will satisfy, particular eligibility criteria (the work test, the income test and the Australian residency test). If the Secretary makes a determination, the Secretary must give a notice of it to the claimant.

      Division 2—Determinations about whether parental leave pay is payable to a person

      13 Determination on a primary claim made alone

      When a claim is to be determined under this section

      (1) If:

      (a) a primary claimant has made an effective primary claim for parental leave pay for a child; and

      (b) another person has not made an effective secondary claim for parental leave pay for the child at the same time;

      the Secretary must make a determination on the primary claim under this section.

      When parental leave pay is payable to primary claimant

      (2) The Secretary must determine that parental leave pay is payable to the primary claimant for the primary claimant’s PPL period if, when making the determination, the Secretary is satisfied that the primary claimant was or will be eligible for parental leave pay on each day in the period that:

      (a) starts on the day the child was born; and

      (b) ends on the last day of the primary

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