Commonwealth Consolidated Acts

PAID PARENTAL LEAVE ACT 2010 - SECT 31AA

  (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.

Main eligibility rule

  (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 caring for the child on that day; and

  (c)   on that day the person is performing no more than one hour of paid work; 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)   both of the following apply:

  (i)   the person satisfies the Australian residency test on the day the child was born;

  (ii)   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--subsection   31A(7) or (7A) applies to the person on the day the child was born.

When child is stillborn or has died

  (3)   A person is eligible for 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 caring for the child on that day had the child not been stillborn or died.

When person meets prescribed conditions--persons other than special PPL claimants in exceptional circumstances

  (4)   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)   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

  (c)   both of the following apply:

  (i)   the person satisfies the Australian residency test on the day the child was born;

  (ii)   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--subsection   31A(7) or (7A) applies to the person on the day the child was born; and

  (d)   the person does not satisfy the circumstances prescribed by the PPL rules as being exceptional circumstances in which a special PPL claim can be made; and

  (e)   on that flexible PPL day, the person satisfies the conditions prescribed by the PPL rules for the purposes of this paragraph.

When person meets prescribed conditions--special PPL claimants in exceptional circumstances

  (5)   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)   both of the following apply:

  (i)   the person satisfies the Australian residency test on the day the child was born;

  (ii)   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--subsection   31A(7) or (7A) applies to the person on the day the child was born; and

  (c)   the person satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a special PPL claim can be made; and

  (d)   on that flexible PPL day, the person satisfies the conditions prescribed by the PPL rules for the purposes of this paragraph.