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News Bulletin : ADA News Bulletin April 2011
6 APRIL 2011 Employers will need to properly understand the scheme, as they are required to participate in making payments, keeping records and notifying the FAO when the employee returns to work. Information on the scheme can be found at www.familyassist.gov.au. The PPL scheme has been designed to minimise its impact on employers required to provide parental leave pay to long-term employees. If employers adhere to their normal and proper pay practices when providing parental leave pay to their employees, they will not breach any of their obligations under the PPL scheme. Employers should encourage any potentially eligible employee who intends to return to work after the birth or adoption of their child, to lodge their claim for PPL with the FAO as early as possible. Claims can be lodged up to three months before the expected date of the birth or adoption. Employers should seek legal advice before modifying existing parental leave policies and removing entitlements. In addition, employers should note that PPL does not impact on parental leave entitlements under the Fair Work Act 2009. Employers do not have to assess their employee’s eligibility for PPL. It is the employee’s responsibility to lodge their claim with the FAO and the FAO will contact any employer that is to provide parental leave pay to an employee. Employers do not have to provide parental leave pay to their employees until after they have received the required funds from the FAO. Employers will not have to provide parental leave pay to short-term employees (those with less than 12 months service). The FAO will pay the employee unless their employer chooses to do so. Employers will not have to provide parental leave pay to independent contractors or a person who ceases to be an employee of the employer, e.g., an employee who resigns before the period of their parental leave pay. Employers do not have to pay employees who are eligible to receive less than eight weeks of parental leave pay. Employees can decide when to start their PPL period. The mother of a newborn child or the initial primary carer of a recently adopted child cannot work between the birth or adoption and the start of their PPL period. Employees should ensure their start date allows for the full 18 weeks to be paid within the first year. The 18 week period of your PPL must be a continuous period with no breaks. You cannot work while receiving PPL. If you are planning to return to work before you receive the full 18 weeks of PPL, you should think about transferring your unused PPL to your partner. To do this, your partner must meet certain eligibility conditions. Options for the entitlement are set out on the government’s website – see details below. The payment may be transferred to your child’s other parent, even if you are separated from this person. The child’s other parent must become the primary carer of your child to receive the unused PPL. The PPL scheme does not give you an entitlement to leave. It does not change any of your existing leave entitlements. It provides you with parental leave pay which, if you are still employed, you can decide how to combine with leave provided by your employer. If you will have had at least 12 months service with your employer at the expected date of birth or adoption, you are legally entitled to 12 months unpaid parental leave under the National Employment Standards. You can also request an additional 12 months unpaid leave. The FAO will be responsible for assessing your eligibility based on the information you provide. The first claims can be lodged from 1 October 2010 for children due to be born or adopted from 1 January 2011. You can ‘keep in touch’ with your workplace. This means you can participate in activities, e.g., attend a training day or a planning day at the workplace for up to 10 days from the birth or adoption of your child until the end of your PPL period without losing your entitlement. Both you and your employer have to agree for you to participate in these activities. Your employer cannot require you to work. Your employer must also agree that the activity is ‘keeping in touch’. Robert Boyd-Boland Chief Executive Officer For further information members are encouraged to read a longer article on the PPL on the ADA member website: www.ada.org.au . Or visit: For employers: http://www.familyassist.gov.au/publications/paid-parental-leave--- information-for-employers-and-consultation-outcomes/ For parents: http://www.familyassist.gov.au/publications/paid-parental-leave--- information-for-parents/ no false advice Please contact Garry Pammer, Alison Lacey or Heath Stewart on: Telephone (02) 9264 1111 Fax (02) 9264 1344 email firstname.lastname@example.org website clarkjacobs.com.au Dental specialists for over 20 years
ADA News Bulletin March 2011
ADA News Bulletin May 2011