Appealing or disputing a decision
You can ask for a review or appeal a decision we make.
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. This would be on the basis that your employee hasn't 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
- 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.
You can also seek a review of this decision on the basis that your employee:
- 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
- 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 got sufficient funds from us. If you don’t think you have received sufficient funds, contact us immediately on the Paid Parental Leave Scheme for employers line.
Resolving a dispute with your employee
If your employee is concerned about the amount of Parental Leave Pay they get or about any of your obligations under the scheme, we encourage them to discuss the matter directly with you first. Remember, you must do all of the following:
- 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
- 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.
Page last updated: 6 December 2019
This information was printed 27 May 2020 from https://www.servicesaustralia.gov.au/organisations/business/services/centrelink/paid-parental-leave-scheme-employers/how-manage-your-role-scheme/appealing-or-disputing-decision. It may not include all of the relevant information on this topic. Please consider any relevant site notices at https://www.servicesaustralia.gov.au/individuals/site-notices when using this material.