working parents may be eligible for parental leave pay if they meet the scheme's eligibility criteria
Several amendments were introduced on the Paid Parental Leave Act of 2010 and Other Legislation Amendment (Dad and Partner Pay and Other Measures) Bill of 2012 which provides that a “non-primary carer” of a child be granted at least two weeks of “Dad and Partner Pay” or DAPP.
The guidelines, as set forth by the amendment, provide the following requirements:
1. The non-primary carer must have been working for ten out of 13 months prior to the filing of application for DAPP claim. The claimant must also have worked for at least 330 hours within said period without substantial gaps between the working days.
2. The applicant must be an Australian Citizen and must be a resident of Australia, a special category visa holder or a holder of a permanent Visa. The guidelines set forth in the Social Security Act of 1991 shall be the basis of determining the residency of the applicant. DAPP claimants under a special category visa must also comply with the requisites under the Social Security Act of 1991.
3. The applicant’s taxable income must be greater than the Paid Parental Leave (PPL) limit of $150,000.
4. The applicant must either be unpaid or not working during the period applied for and must be taking care of a newly born child or adopted child. The application must set forth the period after January 1, 2013.
Once complied with, the applicant may claim up to two weeks of paid leave or until one year after birth of the child. Considering that the leave is paid, the payment therefor shall be taxable as an income. Also, the payment shall be made by the government itself and not by the applicant’s employer.
DAPP also does not hinder the applicant to receive other monetary incentives such as family tax benefit or a baby bonus.
Further, the amendment likewise allows the transfer of parental pay from the primary carer. However, an awardee of DAPP cannot anymore receive other transferred benefits from a primary carer simultaneously. The amendment also offers a total benefit of 20 weeks leave with pay (which comprises of 2 weeks non-transferrable pay under DAPP to the non-primary carer and 18 weeks of transferrable parental pay to the non-carer. However, the non-primary carer is prohibited to receive more than 18 weeks of payments, which means two weeks of DAPP and an extension of 16 weeks transferrable to the primary carer.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.