126.96.36.199 Employer Obligations under Industrial Instruments or Laws Not Affected by PPL Scheme
To avoid any doubt, the PPLAct clarifies that an employer's obligation to provide PLP is separate and additional to any other obligation the employer has in relation to the person. That other obligation may arise, for example, under another law of the Commonwealth, a state or territory law, or an industrial instrument (however described).
Note: A person can elect when in the period from the DOB (or adoption) to the day before the child's first birthday they wish to receive their PLP. If the person is an employee, they can take their PLP before, after or at the same time as any employer-provided paid or unpaid leave they may be entitled to receive.
Example: If an employee is entitled to receive a benefit (such as paid parental leave) under a law or industrial instrument (including for example a contract of employment or an enterprise agreement), the employer has an obligation to provide that entitlement for the life of the agreement. An obligation under an industrial instrument or law is separate from and in addition to an employer's obligation to provide Government-funded PLP.