Document ID: chunk:federal_register_of_legislation:F2021L00948:clause:1_5
Version: federal_register_of_legislation:F2021L00948
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 2816–6691

5  Section 5.7.4 (Definitions)
   After the section, insert:

5.7.4A    How to apply for parental leave
   A member must apply for parental leave using the approved form.

5.7.4B    Limit on the amount of parental leave
1.  Subject to subsection 2, the maximum amount of parental leave a member can take is 66 weeks.
2.  The maximum amount of parental leave a member can take is reduced by the following.
    a.                                                                                                                                                                             Parental leave taken by the member's partner under this Part.
    b.                                                                                                                                                                             Maternity leave taken by the member or their partner under Part 6.
    c.                                                                                                                                                                             Maternity leave taken by the member's partner under the Maternity Leave (Commonwealth Employees) Act 1973.
3.  If the member becomes a parent of more than one child as a consequence of any of the following, the member is only eligible for one benefit in respect of those the children.
    a.                                                                                                                                                                             A multiple birth.
    b.                                                                                                                                                                             The adoption of more than one child at the same time.
    c.                                                                                                                                                                             More than one child being placed in the member's or their partner's care under the same permanent care order issued by a court or statutory authority.

5.7.4C    Dual serving parents
   In relation to a child, dual serving parents are not eligible for more than a combined total of 18 weeks of the following types of leave.
   a.                                                                                                                                         Paid maternity leave.
   b.                                                                                                                                         Paid parental leave.
   c.                                                                                                                                         Special paid parental leave.

5.7.4D    Members subject to a flexible service determination
   If a member is the subject of a flexible service determination, the following apply.
   a.                                                                                    Leave is only taken on days in the member's pattern of service.
   b.                                                                                    A nonworking period does not break a period of leave.

Division 2: Paid parental leave

5.7.4E    Member this Division applies to
   This Division applies to a member in the first 66 weeks after one of the following.
   a.                                                                                   The birth of a child of the member.
   b.                                                                                   The adoption of a child by the member.
   c.                                                                                   The child being placed in the member's or their partner's care under a permanent care order issued by a court or statutory authority.