Tag: parental leave

From 1 July 2020 eligible employees can split their Parental Leave Pay (PLP) so they can take it over 2 periods within 2 years. The changes give employees more choice about how and when they take their Parental Leave Pay.

This change will affect employees with a child born or adopted on or after this date. As an employer, you’ll still need to provide Parental Leave Pay to eligible employees on behalf of the Australian Government.

So, what are the changes?

Your employees may still get up to 18 weeks, 90 payable days of PLP. However, from 1 July 2020, PLP will be available as:

• a Paid Parental Leave period of up to 12 weeks which is 60 payable days
• 30 Flexible Paid Parental Leave days.

Therefore, employees can claim PLP for 1 set period and 1 flexible period. Previously employees could only use Paid Parental Leave as one continuous 18-week period.

Employees can still get their PLP in a single continuous 18-week block. To do this, the 12 week Paid Parental Leave period will be connected to the 30 Flexible Paid Parental Leave days.

Alternatively, an employee can choose a shorter block of between 12 and 18 weeks. They can then take the remaining Flexible Paid Parental Leave days at a later time, when it suits them. The flexible period:

• Is up to 30 days
• Usually starts after the first period has ended
• Can be used in flexible periods negotiated between the employee and employer
• Has to be used within 24 months of a child’s birth or adoption.

Using flexible Parental Leave Pay

Employees who want to use flexible Parental Leave Pay when they return to work from parental leave need to come to an agreement with their employer about how it will work in their circumstances. Employees and employers can consider:

• Reducing the hours or days of work
• Changing the pattern of work
• Taking additional unpaid leave.

An employee’s unpaid parental leave ends when they return to work, even if they are working less or different hours than they used to.

What do employee’s need to do?

Employees can now choose how and when they would like to get PLP and they’ll be able to do this from 14 September 2020.

From 14 September Services Australia will use the employee’s child’s date of birth to work out if the changes will affect them. Services Australia will send affected employees more information if both of the following apply:

• the changes affect them
• they claim Parental Leave Pay before 14 September.

This will advise employees how they can manage their Flexible Paid Parental Leave days.

From 14 September, Service Australia will ask the following if employees claim Parental Leave Pay:

• how they want to get their Flexible Paid Parental Leave days
• when they want to get their Flexible Paid Parental Leave days.

Payment of the Parental Leave Pay Scheme

There haven’t been any changes to how PLP is paid. In most cases, PLP payments are made to the employer who then pays the employee. If you need to provide Parental Leave Pay to an eligible employee, the Government will continue to provide the funds to you. Just like they do now. The Government will also tell you how long you need to pay the employee. You won’t need to make any special changes to the way you currently provide the funds.

Industryus HR is a Gold Coast based human resources agency, providing support to established small and medium organisations who wish to outsource their HR. We service all locations. If you would like to speak with one of our experienced HR Consultants, we offer a Free Introductory Call to get you started. Book here, or call 07 5655 4047. 

Q: One of my female employees will be returning from parental leave soon and is still breastfeeding. What do I need to do to meet my obligations as an employer in regards to breastfeeding and work?

A: Breastfeeding is a protected attribute under discrimination legislation. Therefore, employers should ensure they provide adequate facilities and breaks for breastfeeding/expressing to take place while at work. It’s important for employers to understand that failure to support breastfeeding/expressing in the workplace could constitute discrimination.

What does ‘adequate facilities’ mean? Providing access to a lockable and private room such as an office or first aid room where the employee can comfortably breastfeed/express when required is considered adequate in most circumstances. Employers should also ensure there is access to a fridge for milk storage to create a multi functional environment for breastfeeding and work.

Employers may like to produce a return to work guide for women who are returning to work after parental leave. Such as guide might explain what support and facilities are available upon their return to work.

If you would like to discuss a workplace situation or find out more about how we can support your workplace, please call Industryus HR on 07 5655 4047 or click here.

Q: One of my full time employees has just told me that she is four month’s pregnant and due in September 2017. This employee only started with our company two months ago. Do I have to grant her parental leave?

A: For this particular set of circumstances, the short answer is no. According to the Fair Work Act 2009, in order to be entitled to parental leave, which is currently 12 months of unpaid leave, a full time employee must have completed at least 12 months of continuous service with the employer immediately before the birth (or expected date of birth) of the child.

However, it is important to note that the Fair Work Act 2009 sets out the minimum standard only. This means that notwithstanding the minimum requirement, an employer could still choose to approve 12 months unpaid leave, or an otherwise negotiated time frame with the employee if they do not qualify due to their length of service.

Whether an employer considers approving parental leave where there is no entitlement really depends on the individual set of circumstances. For example, the employee may have a particular skill set that is difficult to find in the market and the employer chooses to grant parental leave as a way of retaining these skills into the future. Or another example is where the employer has invested a lot of money in to training and on balance it makes more sense to grant a period of parental leave than to retrain a new person in the role.

It is always recommended that employers seek specific and tailored advice from an employment relations specialist in relation to employee entitlements. If you require assistance call Industryus HR on 07 5655 4047 or click here.