Paid Parental Leave scheme reviews, appeals and disputes

You can ask for a review or appeal a decision we make.

Reviews

Seeking a review about your requirement to provide Parental Leave Pay

We use the information your employee provides in their claim to decide if you’re required to provide their Parental Leave Pay.

You may seek a review of this decision on the basis that your employee:

  • won’t have been employed by you for 12 months or more, either
    • on the day immediately before their child’s expected date of birth or adoption, if your employee made their claim before the birth or adoption, or
    • on the day of the expected or actual date of birth or adoption, whichever is later, if your employee made their claim after the birth or adoption
  • will stop being your employee before the end of their Paid Parental Leave period
  • is likely to receive less than 8 weeks of Parental Leave Pay, or
  • isn’t based in Australia

You have up to 14 days from the day we send you an Employer Determination letter to seek a review.

Seeking a review about the amount of funds we have provided you

You aren’t required to provide Parental Leave Pay to your employee until you have received sufficient funds from us. If you don’t think you have received sufficient funds, contact us immediately on 131 158.

Resolving a dispute with your employee

If your employee is concerned about the amount of Parental Leave Pay they receive or about any of your obligations under the scheme, we encourage them to discuss the matter directly with you first. Remember, you must:

  • provide Parental Leave Pay to your employee in their usual pay cycle during the period we advise
  • withhold tax under the usual Pay As You Go (PAYG) withholding arrangements
  • only make authorised deductions from your employee’s Parental Leave Pay
  • provide a written record of Parental Leave Pay to your employee - usually a pay slip - no later than 1 working day after you have paid it, and
  • include Parental Leave Pay in the total amounts on your employee’s annual or part year payment summary

Infringements and penalties

Financial infringements or penalties may apply if you fail to meet your obligations under the Paid Parental Leave scheme.

We and the Fair Work Ombudsman have the power to investigate potential breaches of employer obligations and apply penalties.

For more information on reviews, appeals and disputes, call our Third Party Contact Centre or read the Employer Toolkit.

Page last updated: 7 July 2016

This information was printed Friday 9 December 2016 from humanservices.gov.au/business/enablers/paid-parental-leave-scheme-reviews-appeals-and-disputes It may not include all of the relevant information on this topic. Please consider any relevant site notices at humanservices.gov.au/siteinformation when using this material.