1.1.R.50 Returns to work

Definition: PLP

For PLP purposes a person returns to work on a day that is on or after the birth of a child if, on that day, the person performs 1 hour or more of paid work (1.1.P.20) other than for a permissible purpose (1.1.P.140).

A person who returns to work other than for a permissible purpose will not be eligible to receive PLP from that day.

Exceptions to the return to work rule for PLP

There are exceptions to the return to work rule:

  • A primary claimant may still be eligible to receive PLP after returning to work where the child is stillborn (1.1.S.90) or has died before that day.
  • A primary claimant, who is the birth mother of the child, may still be eligible to receive PLP after returning to work where the child is required to remain in hospital or is hospitalised immediately after their birth (2.2.13).
  • A secondary claimant, who is the father of the child or a partner of the birth mother or a partner of the father of the child, may still be eligible to receive PLP after returning to work where the child is required to remain in hospital or is hospitalised immediately after their birth (2.2.13).
  • A primary, secondary or tertiary claimant who is a defence force member or law enforcement officer may still be eligible to receive PLP after returning to work if they performed paid work on a day because they were compulsorily recalled to duty (1.1.R.05).
  • A primary, secondary or tertiary claimant may still be eligible to receive PLP after returning to work in the event that they performed paid work on a day because they complied with the requirements of a summons or other compulsory process (1.1.S.95).
  • A primary, secondary or tertiary claimant who has lost care of their child under certain circumstances (1.1.L.30) may still be eligible to receive PLP after returning to work.
  • A secondary or tertiary claimant may work while care arrangements are being settled (1.1.W.55) if the person performs paid work during the period starting immediately after the primary claimant stopped caring for the child and ending when the care arrangements for the child are settled, as long as the care arrangements are settled within a reasonable time.

Act reference: PPLAct section 6 The Dictionary, section 31 When a person is eligible for PLP, section 48 When a person returns to work (PLP)

Paid Parental Leave Rules 2010 Part 2-3 Eligibility for PLP

Policy reference: PPL Guide 2.2.13 Return to Work & When Paid Work is for a Permissible Purpose for PLP

Definition: DAPP

To be eligible for DAPP on a day, a DAPP claimant must not be working on that day. A DAPP claimant is regarded as working on a day if:

  • the DAPP claimant performs more than one hour of paid work on a day, other than for a permissible purpose (1.1.P.140), and
  • the DAPP claimant is on paid leave.

Act reference: PPLAct section 6 The Dictionary, section 115CB When a DAPP claimant is eligible for DAPP, section 115CM When a DAPP claimant is not working

Paid Parental Leave Rules 2010 Part 3A-3 Eligibility for DAPP

Policy reference: PPL Guide 2.3.6 Not Working & Not on Paid Leave for DAPP

Last reviewed: 6 February 2017