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.

4.3.8.90 Period receiving PLP not a period of paid leave

Introduction

Whether an employee is taking unpaid or paid leave can affect whether the employee is entitled to accrue certain entitlements, such as annual leave, notice of termination or redundancy pay, during that leave period. Generally, during a period of unpaid leave from the employer these entitlements do not accrue.

PLP is not a leave entitlement. A period of unpaid leave taken by an employee should not be considered 'paid leave' just because they receive instalments (1.1.I.80) of PLP for all or part of that period, even where the employee is receiving Government-funded PLP paid through their employer (following an employer determination (1.1.E.60)).

Note: If an employee takes PLP at the same time as paid leave, receipt of PLP will not affect or interfere with the usual leave accrual arrangements that apply to the paid leave.

Act reference: PPLAct section 99 Period receiving PLP is not a period of paid leave

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