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COMMONWEALTHRegulation
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s 3.48

Pay slips—requirements for reporting paid family and domestic violence leave

In force
Chapter 3Rights and responsibilities of employees, employers, organisations etc.
Part 3-6Other rights and responsibilities
Division 3Employer obligations in relation to employee records and pay slips
Subdivision 2Pay slips

3.48 Pay slips—requirements for reporting paid family and domestic violence leave

(1)

This regulation is made for the purposes of paragraph 536(2)(d) of the Act.

(2)

Subject to subregulation (3), an amount paid to an employee for taking a period of paid family and domestic violence leave:

(a)

must not be reported on a pay slip as an amount paid to the employee for taking a period of leave; and

(b)

must instead be reported on the pay slip as an amount paid to the employee:

(i)

for the performance of the employee’s ordinary hours of work; or

(ii)

as another kind of payment made in relation to the performance of the employee’s work, including (but not limited to) an allowance, bonus or a payment of overtime.

(3)

If the employee has requested the employer to report the amount on the pay slip as an amount paid for taking a period of a particular kind of leave (other than a period of paid family and domestic violence leave), the amount may be reported on the pay slip as an amount paid to the employee for taking a period of that kind of leave.

Note 1:

A pay slip is not false or misleading merely because it complies with this regulation: see subsection 536(3A) of the Act.

Note 2:

During the grace period of 4 months, this regulation is subject to regulation 7.06.

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