Commonwealth Consolidated Acts

PAID PARENTAL LEAVE ACT 2010 - SECT 33

Application of section

  (1A)   This section applies in relation to a PPL claimant or special PPL claimant who is not a COVID - 19 affected claimant in relation to a claim for parental leave pay for a child.

  (1B)   If a provision of this Act or the PPL rules requires a person (the first person ) to satisfy the work test on a day for the purposes of a PPL claim or special PPL claim made by another person, this section applies as if a reference to a PPL claimant or special PPL claimant were a reference to the first person.

Note:   For the work test period for a COVID - 19 affected claimant in relation to such a claim: see section   33A.

Work test period

  (1)   The work test period for the PPL claimant or special PPL claimant is the 392 days immediately before:

  (a)   if:

  (i)   subsection   (2A) applies in relation to the PPL claimant or special PPL claimant; and

  (ii)   the PPL claimant or special PPL claimant would not satisfy the work test if the claimant's work test period were the work test period under paragraph   (b) or (c) of this subsection;

    the claimant's work cessation day; or

  (b)   if:

  (i)   the child of the PPL claimant or special PPL claimant is born after the expected date of birth of the child; and

  (ii)   the PPL claimant or special PPL claimant would not satisfy the work test if the claimant's work test period were the work test period under paragraph   (c) of this subsection;

    the expected date of birth of the child; or

  (c)   otherwise--the day the child is born.

  (2)   However, for the purposes of making an initial eligibility determination on a PPL claim or special PPL claim, the work test period for the PPL claimant or special PPL claimant is the 392 days immediately before:

  (a)   if:

  (i)   subsection   (2A) applies in relation to the PPL claimant or special PPL claimant; and

  (ii)   the PPL claimant or special PPL claimant would not satisfy the work test if the claimant's work test period were the work test period under paragraph   (b) of this subsection;

    the claimant's work cessation day; or

  (b)   otherwise--the expected date of birth of the child.

  (2A)   This subsection applies in relation to a PPL claimant or special PPL claimant if:

  (a)   the PPL claimant or special PPL claimant is pregnant with the child or is the birth mother of the child; and

  (b)   the PPL claimant or special PPL claimant is performing or performed paid work of a particular kind before the birth of the child; and

  (c)   the PPL claimant or special PPL claimant will cease or ceased performing that kind of work on a particular day (the claimant's work cessation day ) because of hazards connected with that kind of work that pose or posed a risk to the pregnancy; and

  (d)   any conditions prescribed by the PPL rules are satisfied.