Document ID: chunk:federal_register_of_legislation:C2022C00264:section:51a:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 51A (pt 1/2)
Character Range: 133511–136036

51A  Maternity and parental leave
 (1) This section applies to a person:
 (a) who is, or at any time has been, an eligible employee; and
 (b) who, on or after 1 July 1990, has been, while an eligible employee, on leave of absence without pay for reasons related to:
 (i) the birth of a child of the person or of the spouse, or de facto partner within the meaning of the Acts Interpretation Act 1901, of the person; or
 (ii) the termination (otherwise than by child‑birth) of a pregnancy of the person; or
 (iii) the adoption of a child by the person.
 (2) Subject to this section, where this section applies to a person in respect of a period of leave of absence, the person is not required or permitted to make contributions on any contribution day occurring during that period.
 (3) A person to whom this section applies in respect of a period of leave of absence may, by writing addressed to CSC, elect to pay contributions on any contribution day that:
 (a) occurs during that period of leave of absence; and
 (b) is specified in the instrument of election; and
 (c) is not a contribution day earlier than the day of election.
 (4) Where a person makes an election under subsection (3), the person is required to pay, on each contribution day to which the election relates, the contribution or contributions (as the case may be) that, but for subsection (2), would be payable under subsection 46(1) (despite any election in force under subsection 46(2)) by the person on that day.
Note: Subsection (4) requires a person to pay 5% of his or her fortnightly rate of salary even if an election by the person to pay 0% of that salary is in force under subsection 46(2). However, the person would be permitted to make contributions of 0% after the period covered by the election under subsection (3) ends (without making a further election under subsection 46(2)).
 (5) For the purposes of the definition of period of contributory service in subsection 3(1):
 (a) if a person to whom this section applies in respect of a period of leave of absence does not make an election under subsection (3)—the whole of the period of leave of absence is taken to be a non‑contributory period of service for the person; or
 (b) if the person elects to pay contributions in respect of a number, but not all, of the contribution days included in the period of leave of absence:
 (i) there must be deducted from the number of days included in the period of leave of absence 14 days in respect of each of those contribution days; and
 (ii) the