Paid Parental Leave Act. Australia
day.
(2) First, a person is eligible for parental leave pay for a child on a day if, on that day:
(a) the person satisfies the work test (see Division 3) or subsection (4A) applies to the person; and
(b) the person satisfies the income test (see Division 4); and
(c) the person satisfies the Australian residency test (see Division 5); and
(d) the person is the primary carer of the child (see Division 6); and
(e) the person has not returned to work (see Division 7); and
(f) both of the following are satisfied:
(i) the person and the person’s partner are not entitled to baby bonus for the child;
(ii) a former partner of the person was not entitled to baby bonus for the child when he or she was the person’s partner.
(3) Second, a person is eligible for parental leave pay for a child on a day 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 for the child, if paragraphs (2)(d) and (e) 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) Third, a person is eligible for parental leave payfor a child on a day if, on that day:
(a) if the person is the primary claimant:
(i) the person satisfies the work test (see Division 3) or subsection (4A) applies to the person; and
(ii) the person satisfies the income test (see Division 4); and
(iii) the person satisfies the Australian residency test (see Division 5); and
(iv) the person satisfies the conditions prescribed by the PPL rules; and
(b) if the person is a secondary claimant or tertiary claimant — the person satisfies the conditions prescribed by the PPL rules.
(4A) This subsection applies to a person if:
(a) the person does not satisfy the work test in relation to a child; and
(b) the person is the birth mother of the child; and
(c) the Secretary is satisfied that either or both of the following subparagraphs apply:
(i) the child was born prematurely;
(ii) while the person was pregnant with the child, the person had complications or illness related to the pregnancy which prevented the person from performing paid work; and
(d) the Secretary is satisfied that the person would have satisfied the work test if either or both of the subparagraphs in paragraph (c) had not applied.
(5) Despite subsections (2), (3) and (4), a person is not eligible for parental leave pay for a child on a day if, on that day, the person is deceased.
Division 3—The work test
32 When a person satisfies the work test
To work out whether a person satisfies the work test on a day, use the following method statement:
Method statement
Step 1. Work out the person’s work test period under section 33.
Step 2. Work out the days in the work test period on which the person has and has not performed qualifying work.
Note: Qualifying work is defined in section 34.
Step 3. Work out whether any days on which the person has not performed qualifying work during the work test period fall within a permissible break.
Note: Permissible break is defined in section 36.
Step 4. Work out whether there is a period (a qualifying period) of 295 consecutive days in the work test period that are days:
(a) on which the person has performed qualifying work; or
(b) that fall within a permissible break.
Step 5. If the person has performed at least 330 hours of qualifying work in a qualifying period, the person satisfies the work test.
33 The work test period
Primary claimant’s work test period
(1) The work test period for a primary claimant is the 392 days immediately before:
(a) if the child is born on or before the expected date of birth of the child — the day the child is born; or
(b) if the child is born after the expected date of birth of the child — either:
(i) the day the child is born; or
(ii) if the person does not satisfy the work test in the work test period that applies under subparagraph (i), the expected date of birth of the child.
(2) However, for the purposes of making an initial eligibility determination on a primary claim that is made before the child is born, the work test period for the primary claimant is the 392 days immediately before the expected date of birth of the child.
Secondary claimant’s work test period
(3) The work test period for a secondary claimant is the 392 days immediately before the day the person becomes the child’s primary carer.
34 When a person performs qualifying work
(1) A person performs qualifying work if:
(a) the person performs at least one hour of paid work on a day; or
(b) the person takes a period of paid leave of at least one hour on a day.
(2) For the purposes of paragraph (1)(b), the PPL rules may prescribe what is, or is not, taken to be paid leave.
35 When a person performs paid work
People other than self-employed
(1) A person performs paid work on a day if, on that day, the person performs work (whether as an employee, a contractor or otherwise and whether or not in Australia) for another entity for remuneration or other financial benefit.
(2) However, a person is taken not to perform paid work for the purposes of subsection (1) if the other entity is controlled by the person (whether alone or with others).
Self-employed
(3) A person performs paid work on a day if, on that day, the person performs work for the purposes of a business that is carried on for profit (whether in or outside of Australia) by:
(a) the person (whether alone or with others); or
(b) an entity that is controlled by the person (whether alone or with others).
When a person controls an entity
(4) A person controls an entity if the person has the capacity to determine the outcome of decisions about the entity’s financial and operating policies.
PPL rules about what paid work is
(5) The PPL rules may prescribe what is, or is not, taken to be paid work.
36 When there is a permissible break
(1) A permissible break is any of the periods in subsections (2) and (3).
Permissible