From 1 January 2013, eligible working dads and partners may also
be entitled to receive Dad and Partner Pay.
This new payment will be available under the Federal
Government's Paid Parental Leave scheme.
An eligible working dad or partner can receive up to two weeks
of government-funded pay at the rate of the
National Minimum Wage (currently $606 per week before tax and
HOW WILL EMPLOYERS BE AFFECTED?
Employers will not play a direct role in providing Dad and
Partner Pay, as the government (through Centrelink) will pay the
The employee will need to apply for Dad and Partner Pay
It is still important for employers to be aware of Dad and
Partner Pay because an employee may approach them about taking
unpaid leave from their employment so that they can be eligible to
receive Dad and Partner Pay.
Employers should also consider whether their parental leave
policies require amendment in light of the introduction of Dad and
WHO IS ELIGIBLE?
To be eligible for Dad and Partner Pay, an employee must:
be caring for a child born or adopted on or
after 1 January 2013;
be the biological father of the child, the partner (including
same sex partner) of the child's birth mother, an adoptive
parent of the child, or a person who otherwise satisfies the
circumstances prescribed by the Paid Parental Leave Rules
(presently, no further guidance is provided under those
have worked continuously for at least 295 of the 392 days
(approximately, 10 out of 13 months) prior to the employee's
nominated start date for Dad and Partner Pay;
have worked at least 330 hours during the period of work
referred to above – for a 10 month period, this is equivalent
to around one day per week;
have earned no more than the Paid Parental Leave income limit
(which is currently $150,000 per annum and subject to annual
indexation from 1 July 2014) in the preceding financial year;
be an Australian resident or a special category visa holder
residing in Australia;
take the leave during the first 12 months of the child's
life (or placement for adoption);
use the leave to provide care for the child, whether as primary
carer or jointly (for example, jointly with the child's mother)
– this means an employee is eligible to receive Dad and
Partner Pay even where the employee will concurrently care for the
child with a spouse on unpaid parental leave. In contrast, there is
only a limited entitlement for couples to take concurrent unpaid
parental leave under the National Employment Standards; and
be on unpaid leave from work or not be
working, at the time they receive the payment.
WHAT DO EMPLOYERS NEED TO DO?
Although not directly involved in providing the payment,
employers should become familiar with the requirements of Dad and
Partner Pay so that they can deal with employee enquiries quickly
and with minimum fuss.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative is a major factor in how employee litigation runs.
Australian employees receive certain entitlements (such as annual leave and superannuation) where contractors do not.
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