Parental Leave Pay (PPL) customer, for a child born before 1 July 2023, returns to work 007-05040040
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PPL Keeping in touch (KIT) - questions and answers
Table 1
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Questions and Answers |
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Question: What does 'keeping in touch' mean? + Read more ... Answer: To help an employee’s return to the workplace after the birth or adoption of their child, the Paid Parental Leave Act includes a 'keeping in touch' provision. The 'keeping in touch' provision allows an employee to remain connected with their workplace without losing their entitlement to PPL. Keeping in touch days can be accessed during the PPL period or Flexible PPL days, up to a maximum of 10 ‘keeping in touch’ days. The 'keeping in touch' provision covers the period from when an employee becomes the primary carer of their child, up to when they return to work. An employee can access up to 10 'keeping in touch' days from the time they become their child's primary carer until the end of their PPL period, excluding the first 2 weeks following the birth of their child. The 'keeping in touch' provision is not an entitlement for an employee to work up to 10 days while receiving PPL. The provision simply ensures that an employee does not lose their entitlement to PPL if they participate in paid work for the purpose of 'keeping in touch'. If an employee participates in paid work before the end of their PPL period for any purpose other than 'keeping in touch', their PPL period will end and cancel at the component level. Their claim for PPL will remain open, as they may still be eligible for Flexible PPL days. Note: for claims for children born or adopted before 1 July 2020, PPL cancels at the claim level when the PPL period ends. |
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Question: What is the difference between 'returning to work' and 'keeping in touch'? + Read more ... Answer: An employee is regarded as 'returning to work' if they participate in paid work for a purpose other than to assist their return to the workplace. A usual work activity, such as filling in to cover an absence, would be considered a 'return to work'. An employee is regarded as 'keeping in touch' if they participate in paid work for the purpose of assisting their return to the workplace. If an employee 'returns to work' before the end of their PPL period their PPL will stop from that day. Once the employee has returned to work they cannot access ‘keeping in touch days’, even if they have not used all 10 days. How does an employee access a 'keeping in touch' day? Answer: A 'keeping in touch' day can be accessed if both the employee and employer agree the employee can participate in a paid work activity for the purposes of 'keeping in touch'. It is important to note there is no requirement for either an employee or an employer to agree to a 'keeping in touch' day. |
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Question: What type of paid work activities are covered by the 'keeping in touch' provision? + Read more ... Answer: A paid work activity that helps an employee's return to the workplace following their leave is covered by the 'keeping in touch' provision. Activities could include, but are not limited to:
For example, a teacher may take a class to get to know the children before returning to teach the class in the next term or participate in Year 12 exam marking. The customer needs to clearly indicate the work is for the purpose of professional development and to help them return to the workplace. |
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Question: How many hours are in a 'keeping in touch' day? + Read more ... Answer: If an employee participates in paid work for the purpose of 'keeping in touch' for 1 hour or more on a day, that will count as 1 'keeping in touch' day towards the 10 day limit. Example 1 Joanne and the employer agree Joanne can access a 'keeping in touch' day to attend a training session. The training session runs for 3 hours in the morning on 1 day. Joanne is considered to have accessed 1 'keeping in touch' day. Example 2 Amanda and the employer agree Amanda can access the 'keeping in touch' provision to attend 6 hours of training. The training sessions run over 3 days for 2 hours on each day. Amanda is considered to have accessed 3 'keeping in touch' days. |
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Question: Do 'keeping in touch' days need to be recorded? + Read more ... Answer: Employers and employees are not required to notify each time a 'keeping in touch' day is accessed. There is no requirement for either employees or employers to keep a formal record of 'keeping in touch' activities. However, it is considered good practice for an employee and employer to have some form of documented agreement about the arrangements that will apply to paid work while the employee is on leave, including a 'keeping in touch' day. A business may have a workplace agreement or company policy that covers such arrangements or the employee and employer may agree to the arrangements that are to apply, for example, by email. |
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Question: What happens if more than 10 'keeping in touch' days are accessed? + Read more ... Answer: If an employee accesses 10 or fewer 'keeping in touch' days before they have returned to work, neither the employee nor the employer is required to take any action in relation to PPL. If more than 10 'keeping in touch' days are accessed, the employee will be considered to have returned to work, and they cannot get PPL on that day. If that day is before the end of their PPL period it will stop from that day. The employee has an obligation to advise of their return to work on 13 6150. The employer has an obligation to advise of their employee's return to work. The employer must:
If the employer cannot access Business Hub, the Paid Parental Leave Employer Processing Team (PPLEPT) can action the change in circumstances. If an employee returns to work before the end of their PPL period, they can transfer their unused PPL to their partner if the partner is eligible for the scheme and claims the unused pay. What payment arrangements apply to a 'keeping in touch' day? Answer: The PPL scheme does not deal with matters relating to payment for work performed. The Fair Work Act 2009 provides for payment arrangements in relation to awards and enterprise agreements. More information about workplace entitlements under the Fair Work Act 2009 is available at the Fair Work Ombudsman's website. |
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Question: Will taking a 'keeping in touch' day affect an employee's current workplace entitlements? + Read more ... Answer: Under the National Employment Standards in the Fair Work Act 2009, employees who have worked for their employer for 12 months or more before the birth or adoption may be entitled to access up to 12 months unpaid parental leave associated with the birth or adoption of their child. Unpaid parental leave taken under the National Employment Standards must be taken in a single continuous period. Many employers already have 'keeping in touch' arrangements in place and ensure their employees do not lose access to their full entitlements to unpaid parental leave under the National Employment Standards. |
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Question: What should an employee and employer consider before agreeing to a 'keeping in touch' activity? + Read more ... Answer: Questions an employee may consider:
Answer: Questions an employer may consider:
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Question: What if the customer is self-employed? + Read more ... Answer: If a parent is self-employed, they can keep an eye on their business without being regarded as having returned to work. They can perform occasional tasks to keep an eye on their business or to ensure their business remains operational while they are on leave. Work should be viewed from the context of intensity, length of time taken and whether the task is ad-hoc or occasional. Activities may include (but are not limited to):
If a self-employed parent returns to actively running or maintaining daily operations of their business before the end of their PPL period, even at reduced hours or a reduced level, they are regarded as having returned to work and will no longer be entitled to PPL. Example Malina ran a business conducting group fitness classes before giving birth to Lyla. Malina is currently in receipt of PPL and would like to teach a one hour class each week during the remaining ten weeks of the PPL period to maintain contact with clients. However, by conducting the group fitness classes Malina is considered to be actively running or maintaining daily operations of the business on a regular basis. Malina would be considered as having returned to work on the day of the first class |
Examples - Teacher KIT days or returned to work
Table 2: this table contains examples of teachers accessing KIT days or being assessed as having returned to work
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Description |
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Returned to work + Read more ... Example 1 Monica is a full time teacher on paid maternity leave. On 17 December, Monica’s employer provided maternity leave stopped and Monica started receiving Parental Leave Pay (PPL). On 27 January, Monica attended the school to set up the classroom and 28 January for staff development day in preparation for the student’s return on 1 February. Monica asked to access these as KIT days because face-to-face lessons did not start until 1 February. After talking to Monica it becomes clear that Monica was expected to return to work for these days by their employer. As Monica’s employer deem Monica's leave to have ended on 26 January, the 27 and 28th January cannot be accessed as KIT days. Monica had returned to work. Example 2 Paula is a casual teacher on unpaid leave during the Easter holidays. Paula is offered a contract to start working on 13 April (staff development/student free day). As Paula will not be starting the face-to-face lessons on this day, Paula asks for it to be treated as a KIT day. As Paula is required to attend the school on 13 April and Paula's employer deems Paula's employment to have commenced on this date, Paula cannot access a KIT day for this date. Paula has returned to work. |
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KIT days + Read more ... Sam is a full time teacher on leave. Sam is expected to return to work on 1 February for face-to-face lessons. Sam will return to the school on 27 January to set up the classroom and prepare for the students. Sam will also attend the school on 29 January for a staff development/student free day. Sam’s employer deems Sam to be on leave until face-to-face classes start on 1 February. Sam asks for these two days to be treated as KIT days. As Sam’s employer considers Sam to be on leave until 1 February, Sam can access these two days as KIT days. |
Examples - Return to work rules for PPL
Table 3: this table contains examples of the correct advice around the return to work rules where a child remains in hospital.
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Description |
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Birth mother returned to within 14 days of the child’s date of birth + Read more ... Shelley’s child Charlie was born prematurely on 1 February. Following the birth, Charlie remained in hospital until 3 March. Shelley returned to work on 7 February and worked until Charlie was discharged from hospital, commencing maternity leave on 3 March. As Shelley returned to work within 14 days of Charlie’s date of birth Shelley is not eligible for the PPL period. If Charlie’s date of birth is after 1 July 2020, Shelley will be eligible for up to 30 Flexible PPL days that can be accessed at a later time, provided other eligibility criteria are met. |
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Birth mother returned to work 14 days or more after the child’s date of birth + Read more ... Julie’s child Roslyn was born prematurely on 1 February. Following the birth, Roslyn remained in hospital until 3 March. Julie returned to work on 15 February and worked until Roslyn was discharged from hospital, commencing maternity leave on 3 March. As Julie returned to work 14 days after Roslyn was born, the return to work can be disregarded. Provided Julie met the other eligibility criteria, Julie is eligible for PPL. An employee is regarded as 'returning to work' if they participate in paid work for a purpose other than to help their return to the workplace. A usual work activity, such as filling in to cover an absence, would be considered a 'return to work'. |
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Secondary claimant returned to work within 14 days of the child’s date of birth + Read more ... Melissa and Daniel’s child Alfie was born prematurely on 1 February. Following the birth, Alfie remained in hospital until 3 March. Daniel was Alfie’s primary carer from birth. Melissa and Daniel both returned to work on 10 February. On 3 March Daniel finished work to care for Alfie. Melissa transferred all of the PPL to Daniel and nominated a start date of 3 March. As Daniel is not the birth mother Daniel's return to work within the 14 days following Alfie’s date of birth can be disregarded. Provided Melissa meets the eligibility criteria for a full transfer of PPL and Daniel meets the other eligibility criteria for PPL as a secondary claimant, Daniel is eligible for PPL. |
Examples - Return to work impact on connected Flexible PPL days
Table 4
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Description |
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Return to work during the PPL period + Read more ... Jarrah’s child is born on 23 August. Jarrah is entitled to the PPL period and connects all 30 Flexible PPL days.
On 16 September, Jarrah returns to work. Jarrah’s PPL period is cancelled from this date.
As there is now a break in the continuous block of PPL, the connected Flexible PPL days are withdrawn.
These days are now available for Jarrah to claim on alternative dates. |
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Return to work on a connected Flexible PPL day + Read more ... Katy claims PPL for their child, Bo born 16 July. Katy’s PPL period starts from Bo’s date of birth and chooses to connect 10 Flexible PPL days.
On 12 October, Katy returns to work. The Flexible PPL day on 12 October is rejected due to working on a Flexible PPL day and is returned to Katy’s balance of unclaimed days. As there is now a break in the continuous block of PPL, the remaining connected Flexible PPL days are withdrawn.
These days are now available for Katy to claim on alternative dates. |
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Return to work on a not connected Flexible PPL day + Read more ... Sue is getting PPL for newborn child, Saxon who was born on 27 September. Sue’s PPL period has been paid and Sue has claimed Flexible PPL days separately.
Sue works on 17 January. The Flexible PPL day claimed on this date is rejected. It is returned to Sue’s balance of unclaimed days and can be claimed on an alternative date. Sue’s remaining Flexible PPL days are not automatically reassessed. If Sue is working on these dates, the PPL Circumstances GP will need to be updated.
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Examples - Return to work exceptions
Table 5
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Description |
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Health professionals, emergency services or essential workers who have returned to work in response to a state, territory or national emergency + Read more ... Alyse is a self employed General Practitioner (GP). Alyse’s child was born 29 November 2021. During the PPL period, the surgery owner contacted Alyse and asked Alyse to return to work. Alyse was needed part time for 4 weeks to assist with the COVID-19 vaccination program for children aged 5-11. On 11 January 2022 Alyse returned to work. As Alyse is a health professional who has returned to work in response to a national emergency, Alyse:
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