Parental Leave and Employment Protection Act 1987

Entitlement to parental leave payment

Heading: inserted, on 1 July 2002, by section 4(2) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).

71D Entitlement to parental leave payments

(1)

A person is entitled to a parental leave payment under this Part, if—

(a)

the person is—

(i)

an eligible employee or an eligible self-employed person; or

(ii)

a person to whom all or part of an entitlement to a parental leave payment is transferred under section 71E; or

(iii)

a person who succeeds to all or part of an entitlement to a parental leave payment under section 72B; and

(b)

during the period in relation to which the person receives parental leave payments, the person—

(i)

is not employed or self-employed; or

(ii)

takes parental leave from their employment or self-employment.

(2)

Despite subsection (1), a person who becomes the primary carer in respect of a child who is under the age of 6 years is not entitled to parental leave payments in respect of that child if—

(a)

the person has previously received parental leave payments in respect of that child; or

(b)

the person’s spouse or partner has previously received parental leave payments in respect of that child (unless the person’s entitlement arises from a transfer under section 71E or by succession under section 72B).

(2A)

Subsection (2) does not apply to a person who is a primary carer under section 7(1)(b)(iii).

(3)

This section is subject to sections 71F to 71IA (restrictions on parental leave payments and making an application for payment).

Section 71D: replaced, on 1 April 2016, by section 58 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 71D(2A): inserted, on 13 January 2020, by section 20 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).