The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. TheĀ 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.

1.1.P.130 Permissible break

Definition

Permissible breaks may occur between 2 work days in either the work test period (1.1.W.40) or at the beginning of the work test period.

A break between 2 days on which the person performed qualifying work (1.1.Q.20) in the work test period is a permissible break if there were no more than 84 consecutive days (equivalent to 12 weeks) between those 2 work days.

Example: If a person works for 3 months, takes unpaid leave for 10 weeks for a holiday, then returns to work for another 6 months before having the baby, the holiday would be considered as a permissible break, because it was only around 70 days in length.

A permissible break can also occur where:

  • a person has performed qualifying work on a day before the start of the work test period and they next perform qualifying work on a day after the first day of the work test period, and
  • the second qualifying work day is not more than 84 days after the previous qualifying work day.

Example: A person's work test period starts on 1 February. They worked up until 15 January, went on unpaid leave and returned to work on 15 March. The period of consecutive days on which the person did not perform qualifying work between the first day in the work test period and the later qualifying work day (from 1 February to 14 March) is a permissible break because the number of days between the previous qualifying work day (15 January) and the later qualifying work day (15 March) is not more than 84 days.

Note: For children born or entrusted to care as part of an adoption process prior to 1 January 2020, a break between 2 working days is permissible if it was less than 56 consecutive days (8 weeks).

Note: A person can count PLP days for a previous child as qualifying work for a new claim.

Act reference: PPLAct section 34 When a person performs qualifying work, section 36 When there is a permissible break

Policy reference: PPL Guide 1.1.Q.20 Qualifying work, 2.2 PPL scheme work test for PLP

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