When an election is in force............................................................ 103, Division 5—Notice of decisions 104, 113........ Notice of outcome of a payability determination............................. 104, 114........ Notice of varying, setting aside etc. (d) the party fails to attend the hearing. 16 Determination on a secondary claim made after the primary claim, (a) a primary claimant makes an effective primary claim for parental leave pay for a child; and. (3) The sum of the PPL funding amounts paid to a person’s employer for the person must not be more than the sum of the amounts of the instalments that are payable to the person for the person’s PPL period. (3) However, the Secretary need not give the notice if the Secretary had previously revoked the employer determination. (2) The amount of the debt outstanding (worked out under subsection (3)) is a debt due to the Commonwealth by the garnishee. However, employers should note that: Most adopters will be entitled to statutory adoption pay (SAP) for 39 weeks as long as they have been working continuously for the employer for at least 26 weeks. Note 1: An employer may apply for review of a decision to make an employer determination (see section 207). This Part is about the terms that are defined in this Act. Division 6 provides for pre‑hearing conferences to be held. 287 Compliance by correspondence nominee. (2) For the purposes of subsection (1), the decision of the SSAT is taken to be: (a) where the SSAT affirms an SSAT reviewable claimant decision—that decision as affirmed; and, (b) where the SSAT varies an SSAT reviewable claimant decision—that decision as varied; and, (c) where the SSAT sets aside an SSAT reviewable claimant decision and substitutes a new decision—the new decision; and. [Minister’s second reading speech made in—, When parental leave pay is payable to a person, Determinations about whether parental leave pay is payable to a person, When the Secretary cannot make a determination that parental leave pay is payable, General provisions applying to determinations about whether parental leave pay is payable, When a person is eligible for parental leave pay, Obligations of employer relating to paying instalments, General rules relevant to paying instalments, When an employer determination is in force, Gathering information relating to tax file numbers, Obligation to notify of change of circumstances, Offences against Parts 7.3 and 7.4 of the Criminal Code, Referring matters to the Fair Work Ombudsman, Parental leave pay recoverable by employees from employers. (b) all parties to the review consent to the hearing being conducted without oral submissions. The notice must be at least 28 days’ notice before the new leave date. Have 26 weeks' continuous service with her employer (assessed at the 15th week before the week the baby is due). Under Division 2, an employer is only required to pay an instalment to a person if an employer determination has come into force for the employer and the person (see Part 3‑5) and the employer has been paid enough by the Secretary to fund the instalment. they are either the father of the child and/or the partner of the mother, they are taking the leave to care for the child and/or support the mother. (b) before the hearing of the review commences, the terms of the agreement are: (ii) signed by or on behalf of the parties; and. THOMPSON, C. (2020) Pregnancy and maternity discrimination update. Until that date, she continues to be on maternity leave and to be eligible for her maternity pay and benefits. SSAT varies decision or sets decision aside. (b) the person leaves Australia again less than 13 weeks later; then the person is taken not to have returned to Australia for the purposes of subsection (1). The Employment Act 2002, the Work and Families Act 2006, the Children and Families Act 2014, and numerous regulations have also brought in some significant changes. (4) For the purposes of subparagraph (2)(b)(iii), the Secretary must specify a PPL agency. Division 2 sets out 3 kinds of internal review of those decisions. (2) The person may only do so in a manner approved by the Secretary. Non-binding indication of the dates that the employee intends to take SPL. subject to review: an employer determination is subject to review until: (a) any applicable time limits for applying for a review (however described) or lodging an appeal (however described) of or in relation to the determination have expired; and. The Icelandic Act on Maternity/Paternity and Parental Leave (2000) introduced some major changes. (1) The Secretary must waive the right to recover a debt if: (a) the debt is, or is likely to be, less than $200; and. If the parents take SPL, then part of the maternity pay will swap to the partner. This is a form of positive discrimination. (3) Examples of obvious errors in the text of a decision or statement of reasons are: (a) an obvious clerical or typographical error in the text of the decision or statement; and. Division 4—Election by employer to pay instalments, 109 Election by employer to pay instalments.