71KStart of parental leave payment

1. A parental leave payment in respect of a child is payable for a period that begins—

2. in the case of a child born to the person or to the person’s spouse or partner, on the earlier of—
   1. the date the person commences parental leave; and
   2. the date of confinement; and
3. in any other case, on the date on which the person becomes the primary carer in respect of the child.

4. Despite subsection (1),—

5. an employee who takes a period of paid leave at the start of his or her parental leave period may elect to start his or her parental leave payment period on the day after the date on which that period of paid leave ends:
6. if a person becomes entitled to a preterm baby payment under section 71DA(1) and that person’s parental leave payment period has not begun, subsection (3) applies instead of subsection (1).

7. If this subsection applies, the period in relation to which a parental leave payment is payable to the person in respect of the child does not begin until the earlier of—

8. the date the person commences parental leave; and
9. the original expected date of delivery, had the child not been born prematurely.

10. Despite subsections (1) to (3), in the case of a person who is a primary carer under section 7(1)(b)(iii), the parental leave payment period begins,—

11. if the person is an employee who takes a period of paid leave at the start of his or her parental leave period, on the day after the date on which that period of paid leave ends, if the person so elects; and
12. otherwise, on the date that the person designates, which must be on, or within a reasonable period after, the date on which the person becomes the primary carer in respect of the child.

Notes

• Section 71K: replaced, on 1 April 2016, by section 66 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
• Section 71K(2): replaced, on 1 June 2017, by section 10 of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).
• Section 71K(3): inserted, on 1 June 2017, by section 10 of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).
• Section 71K(4): inserted, on 13 January 2020, by section 22 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).