Changes to parental and workplace sexual harassment laws
New workplace changes to paid parental leave, and workplace sexual harassment laws.
.
Paid Parental Leave (PPL): What's changed?
CURRENT PROVISIONS
Under the current PLP scheme, eligible individuals who are the primary carer for a child who is born or adopted get up to 18 weeks’ pay at the National Minimum Wage (‘NMW’). This is fully funded by the Australian Government, though employers must process the payments through their payroll.
The first 12 weeks of PLP instalments must be received in one continuous period within 12 months of the birth or adoption of a child. The remaining 30 payable days can be taken flexibly within 24 months of the birth or adoption of a child. This coincides with an employee’s rights under the Fair Work Act 2009 (Cth) (‘FW Act’) to return to work after parental leave and the ability to take a maximum of 30 days’ parental leave flexibly within 24 months of the child’s birth or adoption date.
Eligible fathers and other partners can get up to two weeks’ payment (one-off) at the NMW under the Dad and Partner Pay (DAPP) scheme.
Individuals must claim PLP or DAPP through Centrelink and eligibility for the schemes is assessed by Services Australia (formerly the Department of Human Services) in which relevant work, income and other eligibility tests under the Paid Parental Leave Act 2010 (Cth) (‘PPL Act’) must be met.
New changes
From 1 July 2023, PLP and DAPP will be combined into one scheme which will provide eligible parent couples or single parents up to 20 weeks of PLP at the NMW. DAPP will no longer exist as a separate scheme. Eligible parents must not be working during this time or must be on leave (paid or unpaid).
Additionally,
- the whole 20 weeks of PLP instalments can be received flexibly in multiple blocks within 24 months of the child’s birth or adoption date (removing the requirement of the 12 weeks of PLP instalments being received in one continuous period and the 30 days’ cap previously mentioned);
- parents will be able to access PLP even when on paid leave (e.g. employer-funded parental leave, annual leave or long service leave), and in between periods of paid work;
- birth mothers or first adoptive parents will have to give approval to share any PLP days, and if shared with a partner, parents will be able to access PLP at the same time;
- for PLP that is shared between a couple, at least two weeks will be reserved for each partner to use with any unused amount of PLP days lost if not used within 24 months of the child’s birth or adoption date;
- if a person does not meet the individual income limit of $156,647 (i.e earns more than this amount), there will be a combined family income limit of $350,000 which will be applied instead (this limit will be used whether a person is single or partnered); and
- there will be special circumstance exceptions to the work test for individuals whose ability to work during the ‘work test period’ are impacted by family and domestic violence, a serious medical condition (for either you or an immediate family member you care for), or a natural disaster declared by the Commonwealth or a state or territory.
New workplace sexual harassment laws
Prohibiting workplace sexual harassment
The Fair Work Act has been amended to prohibit (or ban) sexual harassment in connection with work, including in the workplace. These changes apply from 6 March 2023 and expand the previous protections around sexual harassment in the workplace.
The protection applies to:
- workers including employees, contractors, work experience students and volunteers
- future workers
- people conducting a business or undertaking.
The protection won’t apply to sexual harassment that starts before 6 March 2023.
New Fair Work Commission powers
The Commission now has greater powers to deal with workplace sexual harassment.
In addition to its existing ‘stop sexual harassment order’ powers, the Commission can deal with disputes about sexual harassment by:
- conciliation
- mediation, or
- making a recommendation or expressing an opinion.
Hot Issues
- 2024 Year End Tax Planning Guide (Part 1)
- Medicare levy surcharge OR basic health insurance ?
- ATO warns of ‘serious penalties’ for unlawful tax scheme promoters
- ACCC scam report
- Employees taking more sick days - and it's getting worse
- Foreign residents selling property in Australia
- How much does negative gearing really cost – an overview and an opinion?
- The Shortest-reigning Monarchs in History
- FBT Reminder – Odometer Reading
- ATO’s debts on hold campaign prompts new IGTO guidance
- A comprehensive collection of small business benchmarks
- The 2025 Financial Year tax & super changes you need to know!
- Underperforming employees: When can you terminate?
- A comprehensive list of guides to industry specific tax deductions.
- ‘Renewed concerns’ about economy sees consumer sentiment dip: Westpac
- Oldest Buildings in the World.
- Small businesses may ‘collapse under strain of payday super’, IPA warns
- ATO’s hands tied with scrapping on-hold debts, expert says
- What Drives Your Business Growth and Profits?
- Australian Taxation Office (ATO) shifting to firmer debt collection activity
- Why employee v contractor comes down to fine print
- Sharing economy reporting regime for platform operators
- Countries producing the most solar power by gigawatt hours
- Illegal access nets $637 million
- Accessing superannuation benefits.
- Does your business have a company Power of Attorney?
- Labor tweaks stage 3 tax cuts to make room for ‘middle Australia’
- GrantConnect
- 2 in 3 SMEs benefit from instant asset write-off, survey reveals
- Updated guidance on R&D claims
- Do you know how to recover debts?
- Vimeo test
Article archive
- January - March 2024
- October - December 2023
- July - September 2023
- April - June 2023
- January - March 2023
- October - December 2022
- July - September 2022
- April - June 2022
- January - March 2022
- October - December 2021
- July - September 2021
- April - June 2021
- January - March 2021
- October - December 2020
- July - September 2020
- April - June 2020
- January - March 2020
- October - December 2019
- July - September 2019
- April - June 2019
- January - March 2019
- October - December 2018
- July - September 2018
- April - June 2018
- January - March 2018
- October - December 2017
- July - September 2017
- April - June 2017
- January - March 2017
- October - December 2016
- July - September 2016
- April - June 2016
- January - March 2016
- October - December 2015
- July - September 2015
- April - June 2015
- January - March 2015
- October - December 2014
April - June 2023 archive
- 2023 Year End Tax Planning Guide
- Legal Considerations Around Recording Customers Who Enter My Business
- ATO acts against foreign worker exploitation
- Low productivity threatens inflation outlook, RBA warns
- Tax Time Checklists - Individuals; Company; Trust; Partnership; and Super Funds
- Top 50 Greatest Inventions in History
- Summary of Superannuation Issues and Recent Changes
- Key Considerations When Sharing Personal Information with Overseas Contractors
- Changes to parental and workplace sexual harassment laws
- Small businesses need hands-on help with cyber security
- Small business must race to beat instant asset write-off deadline
- Single Touch Payroll Reporting
- Holiday Home Tax
- Key points from the 2023-24 Federal Budget
- Overview of the Federal Budget 2023 – 24
- Protect your business from cyber threats
- ATO small business ideas or other business support
- Fuel Tax Claim Potential Errors in prior period BAS returns
- ATO warns businesses to check FBT claims as deadline nears
- FBT Reminder – Odometer Reading
- Early intervention 'critical' as insolvencies surge
- How Long Could You Survive Drinking Only .......