Paid Parental Leave scheme for working parents and it’s proposed extension for fathers and other partners Part 2

by Ashley Stevens

Ashley Stevens is a Solicitor at Mullane & Lindsay in Newcastle and specialises in Family, Relationship and Matrimonial Law

Once you have successfully made a claim for Parental Leave Pay, you are able to nominate the date you start receiving the payments.  You can start receiving payments from the birth date or adoption date, or at some later date, however the 18 weeks of payments must all be paid within 52 weeks of the birth or adoption. 

In order to start receiving payments, you must provide proof of the birth or proof of the child coming into your care.

In most circumstances, your Parental Leave Pay will be provided to you by your employer.  If you are self employed or don’t have an employer, you will receive payments from the Family Assistance Office. 

You must not return to work whist receiving Parental Leave Pay or your payments will stop.  If you do decide to return to work early, the unused portion of your parental leave pay may be transferred to your partner if they meet the eligibility criteria.

In a further positive development, a Bill entitled The Paid Parental Leave and Other Legislation Amendment (Dad and Partner Pay and Other Measures) Bill 2012 has recently been introduced into the House of Representatives.  This Bill proposes to extend the law to provide that eligible fathers and other partners will receive two weeks paid parental leave at the same rate, in addition to the Parental Leave Pay received by the child’s primary carer (usually the mother).

The legislation is intended to be available to eligible fathers and partners, including adoptive parents and parents in same-sex relationships, who care for a child born or adopted from 1 January 2013.

Ashley Stevens is a Solicitor at Mullane & Lindsay, and practises extensively in Family, Relationship and Matrimonial Law. If you require any assistance in this area please contact Ashley Stevens to arrange a consultation or contact our Newcastle office.