BlandsLaw - Blog posts from parental leave
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The announcement of the 2015 Budget includes changes to the Paid Parental Leave (“PPL”) scheme that seem to contradict the government’s previous statements outlining the purpose of the scheme when it was introduced in 2011. 

The changes provide that, from July 2016, employees who receive paid parental leave under their employment agreement will only receive government-funded PPL to make up any shortfall from employer-funded PPL. If the employer does not provide PPL then the employee will be entitled to the full amount of government-funded PPL. Mr Hockey explained that the changes were to avoid the “double-dipping” that exists under the current arrangement.

Ms. Marian Baird, Sydney University professor and a member of an expert panel evaluating the existing PPL scheme, stated that the PPL scheme was intended to allow women to “complement” their entitlement to employer-funded PPL with government-funded PPL, with a view to women accumulating 26 weeks PPL to assist with early bonding and childcare. Professor Baird stated that “this is an astonishing about-face in policy”.

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While there is no general entitlement to unpaid leave under the Fair Work Act 2009, there are some provisions that deal with the question of when unpaid leave can be taken. In other cases it is a matter for agreement between the employer and employee.

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