Is my dh entitle to leave?

[zap]

Hi I am expecting bubba #4 early September and just wondering if my dh is entitled to any leave? I will be taking the paid parental leave as I work for myself. Dh started a new job and will have only completed 4 months by the time bubs arrives?

[Just Me]

He can take part of the paid parental leave if you go back to work but he can't take it at the same time as you. It may depend on his work policy though as there may be something available through there. He would have to talk to HR. Most work places give a week or two unpaid leave for a new baby, but if you are really lucky, there might be paid leave. Some places still don't give Dads leave at all though (paid or unpaid) because is covered under the paid parental leave scheme if the mum doesn't take the full amount of time. I don't think that two parents can be receiving it at the same time though. Also, a lot of work places don't give leave entitlements until staff have been there for 12 months so that is something else to think about.

Maybe look at his annual leave entitlements if all else fails.

Sorry the news isn't better, but I hope that helps

[briggsy's girl]

He can take part of the paid parental leave if you go back to work

sorry JM, this isn't the case - if the mother returns to work, the PPL entitlement stops on the day she returns to work.

it can be paid to the other parent/carer but only in limited circumstances (like the father becomes primary carer at birth because mum is sick etc) or can be paid in dad's name but ONLY if mum continues to remain eligible for it.

[Santosha]

BG knows better than any of us on this one I suspect, so correct me if I'm wrong Hun, but I thought the parent not taking paid leave was entitled to take 3 weeks unpaid leave from the day of birth.

[bridgette]

As per centrelink the following information is available;

"Can my partner claim Parental Leave Pay too?
The unused part of your Parental Leave Pay may be transferred to your partner if they meet the eligibility criteria and claim your unused Parental Leave Pay. The unused Parental Leave Pay may also be transferred to a separated parent or their new partner, if eligible."

However, if your partner has been working only 4mths of the last 13mths, he may not meet the eligibility criteria.

Hope that helps

[briggsy's girl]

i'm not sure of the changes in the budget when it was handed down in May, but prior to that, there was no "right" to parental leave (i believe the budget addresses this, but not til next year). My understanding is that the birth of a child allows one parent or the other to be off work (payment doest' come into it) for up to 12 months - but only one at a time. so if mum goes back at 10 months, dad can take the other 2 as unpaid leave, and would have a right to fight that if their boss said no. but i honestly don't know for sure.


a quick google shows the paternity leave entitlement doesn't start until jan 2013

[HotI]

i think it depends on the award/contract your dh is hired under. my dh is eligible for one week paid, one week unpaid paternity leave. i think you have to have worked 12 months before you become eligible.

some workplaces you earn you accrue annual leave as you work and are able to access it as you earn it. other work places require you to work 12 months and then you get your 4 weeks leave on your anniversary date.

after 4 months, your dh should have accrued one weeks leave (if he gets 4 weeks a year). Hopefully he can find a nice HR person who can explain what his entitlements are.

[Harriet]

sorry JM, this isn't the case - if the mother returns to work, the PPL entitlement stops on the day she returns to work.

it can be paid to the other parent/carer but only in limited circumstances (like the father becomes primary carer at birth because mum is sick etc) or can be paid in dad's name but ONLY if mum continues to remain eligible for it.

The example provided on the Centrelink website makes it seem as if you can do this...

"Simone has been a nurse for seven years, earning around $60,000 a year. Her partner, Craig, has been a labourer for nine years, earning about $30,000 a year. Simone and Craig have their first baby, Isaac, on 1 August 2012.

Simone takes four weeks recreation leave prior to the birth. She also is entitled to six weeks paid maternity leave from her employer and she takes this from the date of birth. Simone is eligible for the Paid Parental Leave scheme and decides to take her 18 weeks of Parental Leave Pay after her paid maternity leave is finished, starting six weeks after Isaac is born.

At 15 weeks after Isaac’s birth, Simone has the opportunity to accept a promotion to a nursing position with an annual salary of $70,000. Craig and Simone decide it would be better if Craig took unpaid leave to care for Isaac and Simone returns to full-time work. Simone has received nine weeks of Parental Leave Pay at this stage.

Craig is eligible for the Paid Parental Leave scheme and Simone is able to transfer her unused Parental Leave Pay to him. He receives the remaining nine weeks of Parental Leave Pay and uses unpaid leave to look after Isaac until he is one year old."

Just noticed that the page hasn't been updated since October 2010 - so I'm guessing this example is out of date...?

[briggsy's girl]

i believe it is - i was talking to a supervisor about it today but i haven't been fully trained. the example that was being offered was someone asking if they returned to work for 3 hours per fortnight - and the PPL was to cancel. i will check for sure (i'm getting my catch up training in the next couple of weeks) and get back to you

[briggsy's girl]

from familyassist.gov.au

If you decide to return to work or your circumstances change before the end of your 18 week Paid Parental Leave period you will need to notify the Family Assistance Office. The unused part of your Parental Leave Pay may be transferred to your partner if they meet the eligibility criteria and claim your unused Parental Leave Pay.

ou may be eligible for Parental Leave Pay if you:

are the primary carer of a newborn child or recently adopted child
are an Australian resident
have met the Paid Parental Leave work test before the birth or adoption occurs,
have received an individual adjusted taxable income of $150,000 or less in the financial year prior to the date of birth or date of claim, whichever is earlier, and
are on leave or not working from the time you become the child’s primary carer.

Your child must have been born or adopted on or after 1 January 2011 to be eligible for Parental Leave Pay.

The birth mother or the initial primary carer of an adopted child must make the claim for Parental Leave Pay, unless there are exceptional circumstances.

To be eligible for the full 18 weeks of Parental Leave Pay, you should nominate a start date for your pay that is within 34 weeks of the birth or adoption of your child.

from reading that, i assume the partners have to swap. the work test has to be met by the initial primary carer (usually mum) but if she returns to work, it can be swapped across to him, provided he isn't working at all

[bridgette]

from reading that, i assume the partners have to swap. the work test has to be met by the initial primary carer (usually mum) but if she returns to work, it can be swapped across to him, provided he isn't working at all

The second carer would also need to meet the eligibility if he (or she) was to claim the remaining portion of the PPL, so would need to meet the work test (and income test). As a previous poster has noted, there are examples on the family assistance (and centrelink) websites. I've found the Q&A section on the centrelink website helpful.


I'm unsure about what other sorts of leave the OP's DH may be entitled to; perhaps his workplace agreement will help? I think Fairwork Australia website states min 12 months employment with same employer allows 2wks unpaid leave. Some employers are obviously a bit more flexible