Paid Parental Leave Amendment (Flexibility Measures) Act 2020 (53 of 2020)
Schedule 1 Flexible paid parental leave
Paid Parental Leave Act 2010
42 At the end of Part 2-1
Add:
Division 3 - When parental leave pay for a flexible PPL day for a child is payable to a person
11A A determination must be made for parental leave pay for a flexible PPL day for a child to be payable to a person
Parental leave pay is payable to a person for a flexible PPL day for a child if a determination of the Secretary that parental leave pay is payable to the person for that day is in force under section 17A, 17B or 17C.
Note: See Division 2A of Part 2-2 for the rules about when the Secretary can make such a determination.
11B For a determination to be made, the person must be eligible
The Secretary cannot make a determination under section 17A, 17B or 17C that parental leave pay is payable to a person for a flexible PPL day for a child unless the person was or will be eligible for parental leave pay on that day.
Note: See Part 2-3 for the rules about when a person is eligible for parental leave pay on a flexible PPL day for a child.
11C For a determination to be made, the person must claim
The Secretary cannot make a determination under section 17A, 17B or 17C that parental leave pay is payable to a person for a flexible PPL day for a child unless the person has made:
(a) an effective primary claim for parental leave pay for that day (in which case the person is the primary claimant); or
(b) an effective secondary claim for parental leave pay for that day (in which case the person is the secondary claimant); or
(c) an effective tertiary claim for parental leave pay for that day (in which case the person is the tertiary claimant).
Note: See Part 2-4 for the rules about how to make an effective claim.
11D Flexible PPL day and flexible PPL period
(1) A day is a flexible PPL day for a child if the day occurs in the flexible PPL period for the child.
(2) The flexible PPL period for a child is the period that:
(a) starts on:
(i) if the only payability determination that is in force for a claimant for the child is a payability determination under section 13 or 15 - the first day after the PPL period specified in that determination ends; or
(ii) if 2 or more payability determinations under section 13, 14, 15, 16 or 17 are in force for 2 or more claimants for the child - the first day after whichever PPL period specified in those determinations ends the latest; or
(iii) if neither subparagraph (i) nor (ii) of this paragraph applies and only one initial eligibility determination under section 26 is in force for a claimant for the child - the first day after the claimant's expected PPL period for the child ends; or
(iv) if neither subparagraphs (i) nor (ii) of this paragraph applies and 2 initial eligibility determinations under section 26 are in force for 2 claimants for the child - the first day after whichever of those claimants' expected PPL period for the child ends the latest; or
(v) otherwise - the day the child is born; and
(b) ends on the day before the child's second birthday.
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