Commonwealth Consolidated Acts

PAID PARENTAL LEAVE ACT 2010 - SECT 31AB

When a person is not eligible

  (1)   A person (the relevant claimant ) is not eligible for parental leave pay on a day that is a flexible PPL day for a child if subsection   (2), (3), (4), (5), (6), (7) or (8) applies to the relevant claimant on that day.

Flexible PPL days exceed maximum amounts--total limit in relation to child

  (2)   This subsection applies to the relevant claimant on a flexible PPL day if:

  (a)   one or more determinations under section   13 or 14 that parental leave pay is payable to a person are in force in relation to the number of flexible PPL days for the child specified in subsection   31ABA(1); and

  (b)   neither the relevant claimant nor the relevant claimant's partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made.

When flexible PPL days exceed maximum amounts--claimant limit when partnered (reserved period)

  (3)   This subsection applies to the relevant claimant on a flexible PPL day if:

  (a)   the relevant claimant has a partner at the time the relevant claimant makes their first effective claim in relation to the child; and

  (b)   one or more determinations under section   13 that parental leave pay is payable to the relevant claimant are in force in relation to the number of flexible PPL days for the child specified in subsection   31ABA(2); and

  (c)   neither the relevant claimant nor the relevant claimant's partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

  (d)   the relevant claimant does not satisfy the conditions prescribed by the PPL rules for the purposes of this paragraph.

When flexible PPL days exceed maximum amounts--exceptional circumstances persons (other than persons that meet prescribed conditions)

  (4)   This subsection applies to the relevant claimant on a flexible PPL day if:

  (a)   one or more determinations under section   13 or 14 that parental leave pay is payable to the relevant claimant or the relevant claimant's partner (if any) are in force in relation to the number of flexible PPL days for the child specified in subsection   31ABA(1); and

  (b)   the   relevant claimant or the relevant claimant's partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

  (c)   the relevant claimant does not satisfy the conditions prescribed by the PPL rules for the purposes of paragraph   (5)(c).

When flexible PPL days exceed maximum amounts--exceptional circumstances persons that meet prescribed conditions (total limit)

  (5)   This subsection applies to the relevant claimant on a flexible PPL day if:

  (a)   one or more determinations under section   13 or 14 that parental leave pay is payable to the relevant claimant or the relevant claimant's partner (if any) are in force in relation to the number of flexible PPL days for the child specified in subsection   31ABA(1); and

  (b)   the   relevant claimant or the relevant claimant's partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

  (c)   the relevant claimant satisfies the conditions prescribed by the PPL rules for the purposes of this paragraph.

When flexible PPL days exceed maximum amounts--exceptional circumstances persons that meet prescribed conditions (reserved period)

  (6)   This subsection applies to the relevant claimant on a flexible PPL day if:

  (a)   the relevant claimant has a partner at the time the relevant claimant makes their first effective claim in relation to the child; and

  (b)   one or more determinations under section   13 or 14 that parental leave pay is payable to the relevant claimant are in force in relation to the number of flexible PPL days for the child specified in subsection   31ABA(2); and

  (c)   the relevant claimant or the relevant claimant's partner satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

  (d)   the relevant claimant satisfies the conditions prescribed by the PPL rules for the purposes of paragraph   (5)(c).

Claimant deceased

  (7)   This subsection applies to the relevant claimant on a flexible PPL day if the relevant claimant is deceased on that day.

Newly arrived resident's waiting period

  (8)   This subsection applies to the relevant claimant on a flexible PPL day if that day is in a newly arrived resident's waiting period for the relevant claimant (see section   31A).