Paid Parental Leave Act 2010

A person also satisfies the work test on a day if:

the Secretary is satisfied that either or both of the following circumstances existed:

if the person is covered by subsection (2)—the child was born prematurely;

if the person is the child’s birth mother—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; and

the Secretary is satisfied that the person would have satisfied the work test on the day in accordance with section 32 if that circumstance, or those circumstances, had not existed.

For the purposes of subparagraph (1)(a)(i), the following persons are covered:

the child’s birth mother;

a person who:

is a parent of the child; and

is not the child’s birth mother;

the partner of the child’s birth mother.