Parental Leave and Employment Protection Act 1987

2BA Thresholds for entitlements
Parental leave threshold tests

(1)

In this Act, the following tests are used to determine an employee’s entitlements to parental leave:

(a)

an employee meets the 6-month employment test if the employee will have been employed by the same employer for at least an average of 10 hours a week in the 6 months immediately preceding the expected date of—

(i)

delivery of the child (in the case of a child to be born to the employee or to the employee’s spouse or partner); or

(ii)

assumption of responsibility for the care of the child (in any other case):

(b)

an employee meets the 12-month employment test if the employee will have been employed by the same employer for at least an average of 10 hours a week in the 12 months immediately preceding the expected date of—

(i)

delivery of the child (in the case of a child to be born to the employee or to the employee’s spouse or partner); or

(ii)

assumption of responsibility for the care of the child (in any other case).

(2)

The provisions of Schedule 1 apply if it is necessary to ascertain, in relation to any of the circumstances mentioned in clauses 1 to 5 of Schedule 1,—

(a)

whether an employee has been employed by the same employer during any period of time; or

(b)

whether an employee has resumed service with the same employer.

(3)

Section 72A applies if it is necessary to ascertain whether an employee will have been employed by the same employer for at least an average of 10 hours a week during a 12-month period (or 6-month period, as the case may be).

Parental leave payment threshold test

(4)

In this Act, the following test is used to determine a person’s entitlement to parental leave payments (the parental leave payment threshold test):

(a)

an employee meets the parental leave payment threshold test if he or she will have been employed as an employee for at least an average of 10 hours a week for any 26 of the 52 weeks immediately preceding—

(i)

the expected date of delivery of the child (in the case of a child to be born to the person or his or her spouse or partner); or

(ii)

the first date on which the person, or his or her spouse or partner becomes the primary carer in respect of the child (in any other case):

(b)

a self-employed person meets the parental leave payment threshold test if he or she will have been self-employed for at least an average of 10 hours a week for any 26 of the 52 weeks immediately preceding—

(i)

the expected date of delivery of the child (in the case of a child to be born to the self-employed person or his or her spouse or partner); or

(ii)

the first date on which the self-employed person, or his or her spouse or partner becomes the primary carer in respect of the child (in any other case).

Section 2BA: inserted, on 1 April 2016, by section 12 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).