Parental Leave and Employment Protection Act 1987

Entitlement to preterm baby payments

Heading: inserted, on 1 April 2016, by section 58 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

71DA Entitlement to preterm baby payment

(1)

A person is entitled to a preterm baby payment under this section if—

(a)

the person is entitled to a parental leave payment under section 71D in respect of a child; and

(b)

that child is born alive before the end of the 36th week of gestation.

(2)

A preterm baby payment is payable for 1 continuous period that corresponds to the number of weeks, up to a maximum of 13, between—

(a)

the date of birth of the child; and

(b)

the date on which the 36th week of gestation would have ended had the child not been born prematurely.

(3)

A preterm baby payment in respect of a child is payable for a period that begins,—

(a)

in the case of a child born to the person or to the person’s spouse or partner, on the date of the child’s birth; or

(b)

in the case of any other person who becomes the primary carer in respect of the child, on the date on which that person becomes the primary carer in respect of the child.

(4)

A preterm baby payment in respect of a child is payable for a period that ends on the earliest of—

(a)

the date on which the 36th week of gestation would have ended had the child not been born prematurely; and

(b)

the date on which the person returns to work as an employee or a self-employed person; and

(c)

the date on which the person ceases to be the primary carer in respect of the child.

(5)

If a person who is receiving a parental leave payment in respect of a child becomes entitled to a preterm baby payment in respect of that child,—

(a)

the person’s parental leave payment must be suspended for the period in relation to which a preterm baby payment is made to the person; and

(b)

the requirement in section 71J(1) that a parental leave payment be made for a continuous period does not apply; and

(c)

any week in relation to which a preterm baby payment is made must not be counted when determining the date on which the parental leave payment ends under section 71L(1)(a).

(5A)

A person may return to work as an employee or a self-employed person after becoming entitled to a preterm baby payment, in which case—

(a)

either,—

(i)

if the person receives a preterm baby payment, the preterm baby payment period ends on the date on which the person returns to work; or

(ii)

if the person does not receive a preterm baby payment, the person’s parental leave payment period is suspended on the date on which the person returns to work; and

(b)

the person’s parental leave payment period resumes on the date on which the person resumes parental leave (which must be no later than the original expected date of delivery, had the child not been born prematurely).

(6)

Subsection (4)(c) does not apply to the biological mother of a preterm baby.

(7)

Sections 71E, 71G to 71IA, 71M to 71S, 71U to 71ZB, and 72B apply to a preterm baby payment as if that payment were a parental leave payment.

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

Section 71DA(5A): inserted, on 1 June 2017, by section 9 of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).