Section 32 — Paid Parental Leave Act 2010: When a person satisfies the work test

To work out whether a person satisfies the work test on a day, use the following method statement: Method statement Step 1. Work out the person’s work test period. Note: Work test period is defined in sections 33 and 33A for PPL claimants and special PPL claimants. Step 2. Work out the days in the work test period on which the person has and has not performed qualifying work. Note: Qualifying work is defined in section 34. Step 3. Work out whether any days on which the person has not performed qualifying work during the work test period fall within a permissible break. Note: Permissible break is defined in section 36. Step 4. Work out whether there is a period (a qualifying period) of 295 consecutive days in the work test period that are days: (a) on which the person has performed qualifying work; or (b) that fall within a permissible break. Step 5. If the person has performed at least 330 hours of qualifying work in a qualifying period, the person satisfies the work test. Note 1: A person may also satisfy the work test despite not satisfying the test in step 5, if: (a) the child was born prematurely; or (b) while the person was pregnant with the child, the person had complications or illness related to the pregnancy which prevented the person from performing paid work. See section 36A. Note 1A: A person may also satisfy the work test in special circumstances: see section 36AA. Note 3: If the person performs qualifying work on a day because of paragraph (c) or (d) of the definition of qualifying work in subsection 34(1), and does not also perform qualifying work on that day because of paragraph (e) or (f) of that definition, see section 35A to work out the hours of qualifying work the person is taken to have performed on the day. Note 4: If the person performs qualifying work on a day because of paragraph (e) of the definition of qualifying work in subsection 34(1), the number of hours of qualifying work the person is taken to have performed on that day is determined in accordance with the PPL rules (see section 35B). Note 5: If the person performs qualifying work on a day because of paragraph (f) of the definition of qualifying work in subsection 34(1), the number of hours of qualifying work the person is taken to have performed on that day is determined in accordance with the PPL rules (see section 35C).