Document ID: chunk:federal_register_of_legislation:C2024C00582:section:101:p1
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 101 (pt 1/3)
Character Range: 168179–170809

101  Making employer determinations

When Secretary must make employer determination
 (1) The Secretary must make a determination under this section (the employer determination) that a person's employer is to pay the person instalments if the Secretary is satisfied, when making the determination, that:
 (a) either:
 (i) a payability determination under section 13 or 14 that parental leave pay is payable to the person for a child is in force; or
 (ii) an initial eligibility determination under section 26A for the person in relation to a child is in force; and
 (b) instalments are likely, if the determination is made under this section, to be payable by the employer to the person for at least 40 consecutive flexible PPL days that are week days; and
 (c) the person has, or will have, been employed by the employer for at least 12 months immediately before:
 (i) if the person's claim was made before the birth of the person's child—the expected date of birth of the child; or
 (ii) if the person's claim was made after the birth of the person's child—the later of the expected date of birth of the child and the day the child was born; and
 (d) the person has a continuous flexible period for the child and is likely to be an Australian‑based employee of the employer during that period; and
 (da) there are no other flexible PPL days prior to the person's continuous flexible period in respect of which:
 (i) parental leave pay is payable to the person for the child; or
 (ii) the person is initially eligible for parental leave pay for the child; and
 (e) the employer has an ABN; and
 (f) if paragraphs (c) to (e) are satisfied in relation to more than one employer of the person (other than because of subsection (2))—the person nominated the employer in the claim as the employer who would be required to pay instalments to the person.

Effect of election by employer to pay instalments
 (2) Paragraphs (1)(b) and (c) do not apply in relation to a person if:
 (a) the person's employer has made an election under section 109 that applies to the person; and
 (b) the person has consented in the claim to the employer paying instalments to the person.

When must employer determination be made
 (3) The Secretary must not make an employer determination for a person and the person's employer unless:
 (a) the Secretary is satisfied as referred to in subsection (1); and
 (b) the employer determination is made on or before the day on which the payability determination referred to in paragraph (1)(a) is made.
Note: See section 106 for when the Secretary may, despite this subsection, make an employer determination for