The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

2.6 Who is a PPL claimant for PLP?

Introduction

A PPL claimant (1.1.P.170) for PLP can be the birth mother of the child, the parent of the child that is not the birth mother, an adoptive parent or a partner of a parent of the child. A PPL claim may also be made in exceptional circumstances, as prescribed by the PPL Rules.

PPL claimants for PLP must meet eligibility criteria relating to

In addition, to be eligible on a flexible PPL day a PPL claimant must:

  • meet the Australian residency test (1.1.A.110) on the day and on the DOB of the child
  • be caring for the child (2.5) on the day, unless
    • their child is stillborn or has died
    • they are the birth mother relinquishing the child in certain situations, or
    • they are temporarily unable to care for their child or have lost care of their child without their consent), and
  • not be performing more than one hour of paid work on the day, unless
    • their child was stillborn or has died
    • they have lost care of their child without their consent
    • they are a defence force member or law enforcement officer and they have been compulsorily recalled to duty
    • they are complying with the requirements of a summons or other compulsory process to appear
    • they are a health professional, emergency services worker or other essential worker and they have returned to work in response to a state, territory or national emergency, or
    • the child is required to remain in hospital or is immediately hospitalised after birth.

A PPL claimant cannot be eligible for a flexible PPL day that exceeds their maximum PLP entitlement (2.9).

Note: From 1 January 2019, a NARWP applies to PLP. There are a range of exemptions from the effect of the NARWP for PLP and situations where the NARWP does not apply (2.4.3).

Note: The following people can only receive PLP for the number of days they have permission to receive (5.2.2.40):

  • a parent of a child who is not the birth mother
  • the partner of a parent who is not the birth mother
  • the partner of the birth mother
  • a subsequent claimant adoptive parent, or
  • the partner of an adoptive parent.

Note: The following people cannot make an effective PPL claim for PLP unless they have permission to make claims (4.1.6):

  • a parent of a child who is not the birth mother
  • the partner of a parent of the child who is not the birth mother
  • the partner of the birth mother, or
  • the partner of an adoptive parent.

Act reference: PPLAct section 31AA When a person is eligible for parental leave pay on a flexible PPL day for a child, section 54 Who can make a PPL claim or special PPL claim

PPL Rules Part 2 Eligibility for PLP

Last reviewed: