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Schedule 1—Amendments

Schedule 1 Amendments

   

Paid Parental Leave Act 2010

1  Section 6

Insert:

claimant’s work cessation day : see paragraph 33(2A)(c).

2  Subsections 33(1) and (2)

Repeal the subsections, substitute:

Primary claimant’s work test period

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

                     (a)  if:

                              (i)  subsection (2A) applies in relation to the primary claimant; and

                             (ii)  the primary 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 primary claimant is born after the expected date of birth of the child; and

                             (ii)  the primary 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 primary claim, the work test period for the primary claimant is the 392 days immediately before:

                     (a)  if:

                              (i)  subsection (2A) applies in relation to the primary claimant; and

                             (ii)  the primary 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 primary claimant if:

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

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

                     (c)  the primary 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.

3  Subsection 36(2)

Omit “56”, substitute “84”.

4  Paragraph 36(3)(c)

Omit “56”, substitute “84”.

5  Application of amendments

The amendments made by this Schedule apply in relation to a claim for parental leave pay for a child who:

                     (a)  if the child is an adopted child—becomes entrusted to the care of a person (as mentioned in subsection 275(2) of the Paid Parental Leave Act 2010 ) on or after the commencement of this item; or

                     (b)  otherwise—is born on or after the commencement of this item.