Document ID: chunk:federal_register_of_legislation:C2023A00004:clause:1_4:p1
Version: federal_register_of_legislation:C2023A00004
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/3)
Character Range: 3586–6187

4  Guide to this Act

      Overview
      This Act provides for the payment of parental leave pay following the birth of a child or, for adoption, the placement of a child.
      Parental leave pay is payable to a person for a child for a flexible PPL day for the child. The number of flexible PPL days for the child for which parental leave pay can be paid generally cannot exceed 100.
      Parental leave pay is paid in instalments at the daily national minimum wage amount for a day that is a flexible PPL day for the child and for which parental leave pay is payable to the person.
      Parental leave pay is paid by either the person's employer (if it is for at least 40 consecutive flexible PPL days for a child that are week days) or the Secretary.
      Chapter 2—When parental leave pay is payable to a person
      Chapter 2 sets out when parental leave pay is payable to a person. The key provisions for the Chapter are found in Part 2‑1.
      A person can only be paid parental leave pay if the Secretary makes a determination that parental leave pay is payable to the person. Part 2‑2 has the rules about when the Secretary can make that determination.
      The Secretary cannot make that determination if the person is not eligible for parental leave pay. Part 2‑3 has the rules about eligibility.
      The Secretary also cannot make that determination if the person has not made a claim for parental leave pay. Part 2‑4 has the rules about claims.
      There are 2 types of claims: PPL claims and special PPL claims. These claims relate to each other, although PPL claims are the main type of claim. PPL claims will often be the only claims that are made.
      Chapter 3—Payment of parental leave pay
      Chapter 3 sets out how parental leave pay is paid to a person.
      Part 3‑1 is about instalments of parental leave pay. It deals with when instalments must be paid, whether the person's employer or the Secretary must pay them and the amount of the instalments.
      Part 3‑2 sets out when a person's employer must pay instalments to the person. An employer is required to pay an instalment to a person in relation to a child if:
             (a) an employer determination has come into force for the employer and the person; and
             (b) the instalment is payable in relation to a flexible PPL day for the child that falls within the person's continuous flexible period for the child (which consists of at least 40 consecutive flexible PPL days for the child that are week days); and
             (c) the employer has been paid enough by the Secretary to fund