2.2.2.20 Work Test for PLP

Introduction

The claimant must establish that they have or had a genuine attachment to the labour force to be eligible for PLP.

PPL work test period

The work test period (1.1.W.40) for the work test is the 392 day period (i.e. a period of approximately 13 months) prior to the expected or actual DOB or placement of the child for adoption, or the date the person became the primary carer of the child.

For the purposes of making an initial eligibility determination (a pre-birth claim), the primary claimant's eligibility in relation to the work test is established by examining the work performed within the 392 day period prior to the expected DOB or adoption.

For the purposes of making an eligibility determination (where the decision is made after birth), the primary claimant's work test period is established by examining the work performed within the 392 day period prior to the child's actual DOB or placement of the child for adoption. If the primary claimant is unable to meet the work test on this basis and the child was born or placed after the expected DOB or placement, the work test may be applied to the 392 days prior to the expected DOB or placement.

The work test period for a primary claimant in exceptional circumstances or a secondary claimant commences 392 days prior to the day the claimant became the primary carer of the child.

Qualifying period

For the purposes of the work test, a qualifying period is a period of 295 consecutive days (approximately 10 months) in a person's 392 day (approximately 13 month) work test period that are days:

  • on which the person has performed qualifying work (2.2.2.40), or
  • that fall within a permissible break (2.2.2.50).

Days on which a person has not performed qualifying work that do not fall within a permissible break cannot be considered when calculating if the person has a 295 consecutive day qualifying period.

Qualifying work

In addition to meeting the requirements of the 295 day qualifying period, a person must have performed at least 330 hours of qualifying work within the qualifying period.

A person performs qualifying work on a day if they perform at least one hour of paid work on the day or if they take a period of paid leave of at least one hour on a day.

It is not necessary for work to have been performed with a single employer. Work performed with more than 1 employer in the work test period may count towards the work test.

From 1 March 2014 a person can also count the days in a previous period of PLP and/or DAPP (for a previous child) as qualifying work for a new claim.

Both PLP and DAPP periods that occur in the work test period can count as qualifying work for eligibility for either payment, e.g. a person's previous PPL period that occurs in the work test period for a new DAPP claim for that person for a subsequent child may count as qualifying work for the PPL work test for the new claim and vice versa.

For children born or entrusted to care as part of an adoption process before 1 March 2014 a previous period of PLP and/or DAPP (for a previous child) cannot be counted as qualifying work for a new claim.

If a person is expecting a child on or after 1 March 2014, and the child is born prematurely before 1 March 2014, the claim will be assessed on the pre-1 March 2014 work test rules, i.e. they cannot count the days in their previous period of PLP and/or DAPP (for a previous child) as qualifying work for a new claim.

A PPL period will not count towards the work test for a DAPP claim for the same child because a person who meets the work test for PPL will also meet the work test for DAPP for that child. Similarly, a DAPP period will not count towards the work test for a PPL claim for the same child.

Act reference: PPLAct Part 2-3 Division 3 The work test, section 33 The work test period, section 34 When a person performs qualifying work

Paid Parental Leave Rules 2010

Policy reference: PPL Guide 2.2.1 PLP Eligibility Overview

Hours of qualifying work on a day in a PPL or DAPP period

For children born or entrusted to care as part of an adoption process on or after 1 March 2014, a person can count the days in their previous period of PLP and/or DAPP (for a previous child) as qualifying work for a new claim.

If a person did not perform paid work or take paid leave during their PPL or DAPP period for a previous child, the hours of work the person is taken to have performed on that day is:

  • 7.6 if the day is a weekday, and
  • no hours if the day is a Saturday or Sunday.

If a person performed at least one hour of paid work on a day during their PPL or DAPP period for a previous child (where a person takes PLP or DAPP at the same time as performing work for a permissible purpose (1.1.P.140)), the hours of work the person is taken to have performed on that day is the greater of:

  • 7.6 hours of PLP and/or DAPP if the day is a weekday, and
  • the actual number of hours of paid work performed by the person on that day.

Example: A person may have performed 2 hours of paid work for a permissible purpose (such as a keeping in touch day) on a day in their PPL period. In this circumstance, the person will be taken to have performed 7.6 hours of qualifying work.

If a person takes paid leave of at least one hour during their previous period of PLP for a previous child, the hours of work the person is taken to have performed on the day is the greater of:

  • 7.6 hours of PLP if the day is a weekday, and
  • the number of hours of paid leave taken by the person on that day.

Example 1: A person may be taking 8 hours paid leave while receiving PLP. In this circumstance, the person will be taken to have performed 8 hours of qualifying work on that day.

Example 2: A person may be taking 3 hours of paid leave while receiving PLP. In this circumstance, the person will be taken to have performed 7.6 hours of qualifying work on that day.

Act reference: PPLAct section 35A Hours of qualifying work on a day in a PPL or DAPP period

Last reviewed: 6 February 2017