ByLawyers News and Updates

Paid parental leave – FED

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Recent amendments to the Paid Parental Leave Act 2010 (Cth) make payments more accessible, flexible, and gender-neutral for Federal system employees.

Under the current scheme, either parent and other eligible carers can claim up to a total of 18 weeks of paid parental leave. This increases to 20 weeks from 1 July 2023. Payments can only be claimed in the first two years after the child’s birth or adoption. The scheme is funded by the Commonwealth, so a claim for payments is made to Centrelink, not the employer. The entitlement extends to employees who are full-time, part-time, casual, seasonal, contractors, or self-employed.

The amendments:

  • Enable families to decide which parent will claim first and how they will share the entitlement and are not limited to a small class of claimants. Allowing households to decide how best to care for a child.
  • Provide greater flexibility, with claimants allowed to take the available leave in multiple blocks of as little as a day at a time with no requirement to return to work to be eligible.
  • Impose a new $350,000 family income limit for eligibility, under which families can be assessed if an individual applicant does not meet the individual income test.
  • Expand the eligibility requirements to allow a father or partner to receive paid parental leave, regardless of whether the birth parent meets the income test or residency requirements, or is serving a newly arrived resident’s waiting period.

Payments are at the rate of the national minimum wage. Employers are not obliged to make superannuation contributions during the leave period. Paid parental leave does not count as paid leave for the purposes of the National Employment Standards (NES) and, therefore, does not count as service for the purposes of other entitlements.

The By Lawyers Employment Law publication has been updated accordingly.

COVID-19 employment measures – FED

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The Commonwealth Government has introduced two new COVID-19 employment measures.

JobMaker Hiring Credit

This scheme enables payments to assist workplace participation by people aged 16 to 35 years.

The first year of this program runs from 7 October 2020 until 6 October 2021. It is intended that the program will be extended.

Eligible employers can claim $200 per week for each additional employee hired during this period aged 16 to 29 years. For employees aged 30 to 35 years employers can only claim $100.

Employees can be hired on a permanent, casual or fixed-term basis.

The payments are made as credits claimed quarterly in arrears from the Australian Taxation Office.

Paid parental leave work test period amendment

The work test period in the Paid Parental Leave Act has been temporarily amended. This applies to births and adoptions that occur between 22 March 2020 and 31 March 2021.

It allows access to parental leave pay and ‘dad and partner’ pay by those who do not otherwise meet the criteria of the work test due to the pandemic.

The work test requirements have not changed. An individual must have worked:

  • at least 10 months in their work test period; and
  • at least 330 hours in that 10-month period with no more than a 12-week gap between any two consecutive working days.

The work test period is usually 13 months prior to the birth or adoption of the child. The temporary change means that it is 20 months for parents who have had their employment impacted by COVID-19.

Information on these and previous COVID-19 employment measures see the commentary available at the top of every By Lawyers matter plan: Dealing with COVID-19 legal issues – Some practical information.

Paid parental leave – Fed

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Employment law – Paid parental leave amendments

The Paid Parental Leave Amendment (Work Test) Act 2019 has made the following changes to the ‘work test’ under the Paid Parental Leave Act 2010:

  1. The insertion of s 33(2A) which provides for the work test period for a pregnant woman in an unsafe job. The period begins 13 months immediately before the woman had to cease work if the cessation was due to the hazards connected with her work posing a risk to the pregnancy; and
  2. The permissible break in the work test period provided for in s 36 has increased from 8 weeks to 12 weeks between two working days.

These amendments commence form 1 January 2020.

The By Lawyers Employment Law commentary has been updated accordingly.

By Lawyers wish everyone a happy and safe festive season.

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