Paid Parental Leave Act. Australia

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      (c) not have returned to work; and

      (d) not be entitled to baby bonus.

      There are other eligibility criteria that apply for more unusual cases — see subsection 31(3) (which deals with when a child is stillborn or dies) and subsection 31(4) (which allows the PPL rules to prescribe eligibility criteria).

      Division 3 has the work test. To satisfy the work test, a person must have performed enough paid work or taken enough paid leave in a particular period before the day the child was born (for a primary claimant) or the day the person became the child’s primary carer (for a secondary claimant).

      Division 4 has the income test. To satisfy the income test, the person’s income for a particular income year must not be more than the PPL income limit (which is $150,000 until 30 June 2014 and then indexed).

      Division 5 has the Australian residency test. To satisfy this test, the person must be an Australian resident or be in a special class of visa holder.

      Division 6 sets out when a person is the primary carer of a child. For the main case, a person will not be eligible for parental leave pay if the person is not the child’s primary carer.

      Division 7 sets out when a person returns to work after the birth of a child. For the main case, a person will not be eligible for parental leave pay if the person performs more than one hour of work other than for a permissible purpose. There are 2 permissible purposes. One is where the person performs the work for another entity on a keeping in touch day with that entity. The other is where the person performs the work for a business that the person carries on and the work consists of overseeing the business or is an occasional administrative task.

      Division 2—When a person is eligible for parental leave pay

      31 When a person is eligible for parental leave pay

      (1) This section sets out when a person is eligible for parental leave pay for a child on a 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 СКАЧАТЬ