Employer obligations under industrial instruments or laws not affected by PPL scheme

Employer obligations

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 PPL period and when in the flexible PPL period for the child (1.1.F.80) they wish to receive their flexible PPL. 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 PPL) 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.

Act reference: PPLAct section 99A Payment of paid parental leave does not affect other employer obligations

Policy reference: PPL Guide 4.3.8 Rules for paying instalments of PLP, 6.1 Employer determinations for PLP, 7.2 Compliance

Last reviewed: 21 September 2020