Paid Parental Leave - Generally for Mothers only

The Federal Govt ‘s proposed Paid Parental leave will generally only be available to mothers. The scheme will be a boost to BLF families with working mothers, but unfortunately the paid leave will not be available to fathers except in certain circumstances (details below). Only one parent can receive the paid leave at a time.


Mothers of babies born on or after 1 January 2011 may be eligible for Paid Parental Leave. The initial primary carer of a child who is adopted on or after this date may also be eligible.

A family can only receive one 18 week period of Paid Parental Leave per birth or adoption.  Paid Parental Leave must be taken in one continuous 18 week period without any break, even if it is transferred, for example from the mother to her partner.

Once the mother has returned to work she will be ineligible for Paid Parental Leave, however she can Keep in Touch (see Section 6).  She may be able to transfer all or part of the payment to you (the mother’s partner) if she cannot receive all of her payment (see Section 14).  In the tragic event of a stillbirth or infant death, a person may return to work and receive their Parental Leave pay.
 
Paid Parental Leave is for the primary carer of a baby during the baby’s first year or the primary carer of an adopted child in the first year after the adoption.  Only one person will be regarded as the primary carer at a point in time, even if care of the child is being shared at that time.
 
A father or partner of a birth mother is generally not eligible for Paid Parental Leave unless the mother is eligible.  

People (including fathers) who become the primary carer of a child aged under one year or the primary carer of a child adopted less than one year ago may be eligible for Paid Parental Leave but special conditions must be met.  These conditions can be met even if the mother of the child is not eligible for Paid Parental Leave.  The Family Assistance Office can tell you about this.
  
It is becoming more common for both parents to share the care of a child during the child’s first year of life.  In these cases, the mother usually cares for the child in the period immediately after the birth.  If the mother returns to work during the first year, the father may take time off work to care for the child full time.
  
If such a change in care occurs during the Paid Parental Leave period, the scheme allows for you (the mother’s partner) to receive her unused Parental Leave pay if you are eligible.
  
The change in primary care can occur before the start date of the Paid Parental Leave period.  In this case you could receive the full 18 weeks of Parental Leave pay.
  
A transfer of Paid Parental Leave can occur if he mother is eligible to receive Paid Parental Leave and: 
 
     - She has not used all (or any) of her Paid Parental Leave, and

     - you becomes the primary carer of your child, and

     - you are eligible to receive Paid Parental Leave from the time you become the primary carer.

 

To receive some (or all) of your Paid Parental Leave, you must lodge a secondary claim for Paid Parental Leave and must:
 

     - be the primary carer of the child from the time the mother ceased to be the primary carer

     - have met the work test before becoming the primary carer of the child

     - have an individual income of $150,000 a year or less, and

     - be living in Australia and meet the residence requirements.

 

The work test will be assessed over the 13 month period ending on the day before you became the primary carer.  The other criteria are the same as for birth mothers.
 
Paid Parental Leave can only be transferred once.  This includes situations in which the full 18 weeks of Paid Parental Leave is transferred to you.
  
If you are separated from the mother, she may be able to transfer her unused Paid Parental Leave to you or your partner.  Your partner would need to be eligible for Paid Parental Leave and to be the primary carer of your child to receive Parental Leave pay.
 
It is becoming more common for both parents to share the care of a child during the child’s first year of life.  In these cases, the mother usually cares for the child in the period immediately after the birth.  If the mother returns to work during the first year, the father may take time off work to care for the child full time.
 
If such a change in care occurs during the Paid Parental Leave period, the scheme allows for your partner to receive your unused Parental Leave pay if your partner is eligible.
 
The change in primary care can occur before the start date of the Paid Parental Leave period.  In this case an eligible partner could receive the full 18 weeks of Parental Leave pay.
 
A transfer of Paid Parental Leave can occur if you are eligible to receive Paid Parental Leave and: 
 

     - you have not used all (or any) of your Paid Parental Leave, and

     - your partner becomes the primary carer of your child, and

     - your partner is eligible to receive Paid Parental Leave from the time they become the primary  carer.

 

To receive some (or all) of your Paid Parental Leave, your partner must lodge a secondary claim for Paid Parental Leave and must:  
 

     - be the primary carer of the child from the time you ceased to be the primary carer

     - have met the work test before becoming the primary carer of your child

     - have an individual income of $150,000 a year or less, and

     - be living in Australia and meet the residence requirements.

 

The work test for your partner will be assessed over the 13 month period ending on the day before your partner became the primary carer.  The other criteria are the same as for birth mothers.
 
You can only transfer Paid Parental Leave once.  This includes situations in which the full 18 weeks of Paid Parental Leave is transferred to your partner.
 
If you are separated from your child’s other parent, you may be able to transfer your unused Paid Parental Leave to you or your partner.  They would need to be eligible for Paid Parental Leave and to be the primary carer of your child to receive Parental Leave pay.   
 
The Bill to create the Paid Parental Leave scheme will be tabled in the Senate during the week of 15 – 24 June and the Opposition is indicating it will support it. Provided the Bill passes through the Senate as expected, the operative date of the scheme will be 1 January 2011.
 

 

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