Jenny Macklin (Jagajaga, Australian Labor Party, Minister for Families, Housing, Community Services and Indigenous Affairs) Share this | Hansard source

I move:

That the amendments be made.

The Senate has requested that the House make amendments to the Paid Parental Leave Bill 2010 to modify the work test for women who experience a premature birth and/or are unable to meet the work test due to complications or illness related to their pregnancy. This request was initiated by the government in the Senate in response to concerns raised in the Senate committee inquiry about whether women who have premature births or pregnancy complications that prevent them from working will meet the work test. The government acknowledges submissions made by the National Foundation for Australian Women, the ACTU and the Shop, Distributive and Allied Employees Association on this issue. The Senate committee, in its report, recommended:

… that the government examine the eligibility requirements … to ensure that … women who experience unexpected difficulties during pregnancy which may affect their ability to meet the eligibility requirements of the bill are able to access paid parental leave.

The government is therefore moving amendments to the Paid Parental Leave Bill to modify the work test for women who experience a premature birth and/or are unable to meet the work test due to complications or illness relating to their pregnancy. These amendments will allow a birth mother to be eligible for parental leave pay where the department secretary is satisfied that she would have met the work test but for the premature birth of her child or pregnancy related complications or illness. The changes will ensure that women in these circumstances are not precluded from the Paid Parental Leave scheme because of unexpected developments in their pregnancy which prevent them from doing the amount of paid work they otherwise would have undertaken. The cost of the amendments is likely to be negligible.

Many women experiencing pregnancy related illness or complications will have access to paid leave which already counts as qualifying work for the paid parental leave work test. The new provisions will ensure that the small number of women who may not have met the paid parental leave work test for these reasons will be able to access parental leave pay. It would not be appropriate for women who clearly have a genuine labour market attachment to be made ineligible in these sorts of situations.

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