Parental Leave Pay (PPL) customer, for a child born before 1 July 2023, returns to work 007-05040040

Primary claimants must claim the PPL period within 12 months of the child’s date of birth (DOB) or adoption. Generally, a customer must lodge their claim for PPL before they return to work.

Unless working for an allowable exception reason, if a primary claimant has returned to work before claiming PPL they will not be eligible for the PPL period, but they can still be eligible for the 30 Flexible PPL days. Flexible PPL days can be paid before and after the customer returns to work. However, the customer cannot perform work on the date they are claiming Flexible PPL.

Customers who have returned to work can still make a claim for PPL and transfer the PPL period to their partner, or another primary carer. In this case, they may choose to keep the 30 Flexible PPL days, give the Flexible days to the new primary carer, or a combination of both.

A primary claimant can claim PPL after they have returned to work and be eligible for the PPL period if the customer:

• has:
• lodged an effective claim within 28 days of the child's DOB, and
• had a Nominated Start Date (NSD) of the child's DOB or a date before they return to work
• meets the extended work test or received COVID-19 Disaster Payment (paid by Services Australia on or after 3 June 2021) during their 10 month qualifying period and elects a NSD before their return to work date

For more information, including claim timeframe see Paid Parental Leave Work Test.

The Process page contains more information in these cases.

A secondary claimant may lodge their claim after returning to work and still be assessed for payment from the first day of their PPL period to the day they returned to work. If assessed as eligible, a secondary claimant’s PPL period will cease to be payable on the date they returned to work.

The PPL period can only be paid before the customer returns to work.

If a customer returns to work before the end of their PPL period:

• the PPL period will no longer be payable from the return to work date. It will cancel (reason: RTW) at the component level
• any connected Flexible PPL days after the return to work date will be rejected or withdrawn. They will be returned to the customer’s balance of unclaimed days for the customer to claim on alternative dates
• any not connected Flexible PPL days scheduled after the return to work do not automatically reject or withdraw when the return to work is recorded. These days will need to be checked and rejected or withdrawn if the customer is no longer eligible

If the customer has already been paid PPL period or connected Flexible PPL for any days after the return to work, or if payments have already been sent to their employer, an overpayment may be raised.

If the customer returns to work before the end of their PPL period, any unused part of the PPL period may be transferred to a secondary or tertiary claimant. Birth mothers who no longer provide care of a child in a surrogacy case or when the child is being adopted or removed by legal authority, may not return to work and continue to receive PPL or transfer entitlement to a secondary/tertiary claimant.

The Resources page contains an example of how a return to work during the PPL period impacts a customer’s connected Flexible PPL days.

Flexible PPL days can be accessed before or after the customer returns to work. See Claiming and managing Flexible PPL days for children born or entering care before 1 July 2023.

To access Flexible PPL on a day, the customer must not be working. When claiming a Flexible PPL day, the customer must declare they will not or did not work, unless for an allowable exception reason, on the date claimed.

If a customer advises they performed work including if they have returned to work on a day they claimed Flexible PPL it will:

• be rejected, and
• returned to their balance of unclaimed Flexible PPL days

If the customer has already been paid PPL for any days after the return to work, or if payments have already been sent to their employer, an overpayment may be raised.

Note: if a customer returns to work during their PPL period or connected Flexible PPL days, any not connected Flexible PPL days scheduled after the return to work date will be not be rejected/withdrawn as part of the return to work activity. These days must be checked and rejected separately if the customer is no longer eligible.

A customer is considered to have returned to work or working on a day if, on that day:

• the customer performs 1 hour or more of paid work, and
• an allowable exception reason does not apply or the work performed is not for a permissible purpose

Note: a customer can receive JobKeeper Payment after the birth of a child (or recently adopted child) and before their Nominated Start Date (NSD), only where they have not returned to work.

Customers are not considered to have returned to work if they:

• received the COVID-19 Disaster Payment in the period between the birth of their child and the commencement of PPL, as they have not performed paid work
• performed voluntary work that is unpaid

There are allowable exception reasons where a customer can return to work or be working, and continue to receive PPL.

Customers can tell Services Australia they have returned to work for an allowable reason:

• within their post birth claim, or
• later, by using the PPL Change of Circumstances online service or calling the agency

These allowable exceptions/ reasons include:

• an Australian Defence Force (ADF) member or law enforcement officer who is compulsorily recalled to duty
• complying with a summons or other compulsory process to give evidence, information or produce documents
• health professionals, emergency services or essential workers who have returned to work in response to a state, territory or national emergency
• a newborn child remaining in hospital following the birth:
• for birth mothers - the return to work can be disregarded if it occurs within the period that starts 14 days after the child is born and ends on the day the child is discharged from hospital. Note: if the birth mother returns to work within 14 days of the child’s birth, this return to work cannot be disregarded and they will not be eligible for PPL from the date they returns to work
• for all other claimants - including secondary claimants and adoptive parents the return to work can be disregarded if it occurs within the period that starts on the day the child is born and ends on the day the child is discharged from hospital
• care of the child was lost without legal authority
• child bereavement where the PPL child was stillborn or died

When claiming Flexible PPL days, the customer is required to declare they are not performing work for the date they are claiming, unless it is for an allowable reason. If the customer is working for an allowable reason, they will complete the declaration and continue to receive Flexible PPL for the claimed date.

The customer must tell the agency if their circumstances change and they continue to work after the allowable reason ends or for another reason.

If a PPL customer performs work for a permissible purpose, they are not considered to have returned to work. What is considered a permissible purpose varies depending on whether the customer is an employee or self-employed.

PPL customers may participate in workplace activities for up to 10 days from when they become their child's primary carer until the end of their PPL period for the purposes of 'keeping in touch' with their workplace and still remain eligible for PPL.

Keeping in touch (KIT)

A day of paid work is a KIT day if the purpose of performing the paid work is to enable the employee to keep in touch with their employment or to facilitate a return to work.

Keeping in touch days include (but not limited to):

• attending meetings
• planning sessions
• training or conferences
• normal duties

KIT days can be accessed:

• from when they become their child's primary carer up to when they return to work
• during the PPL period or on Flexible PPL days

Once the customer has returned to work, they can no longer access keeping in touch days, regardless of whether they have accessed all 10 days.

Keeping in touch days requested by the employee cannot occur within the first 14 days following the birth or adoption of the child.

Employer requested keeping in touch days cannot occur within the first 42 days (6 weeks) following the birth or adoption of the child. If the employee requested or suggested a day to their employer in this period (and it was more than 2 weeks after the birth or adoption), they can participate if their employer agrees.

Both the employee and the employer must consent to the employee performing work for the employer on a KIT day.

KIT days do not apply if a parent is self-employed.

A self-employed person who performs work for ad hoc activities would be regarded as:

• working for a permissible purpose, and
• not deemed as a return to work

A self-employed person may oversee their business and perform administrative tasks.

Permissible activities include (but not limited to):

• paying accounts
• checking the delivery of an order
• arranging repair of equipment

A self-employed person who is actively engaged in running or maintaining the daily operations of the business during their PPL period is regarded as having returned to work.