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Job Keeper eligibility for an employee returning from maternity leave

Newbie

Views 1547

Replies 4

An Australian airline permanent employee was to return to work from unpaid maternity leave on 2nd of March. Their recommencement letter was offered and accepted on the 1st of March 2020.

Their cabin crew aircraft safety retraining was delayed, then cancelled due to COVID-19 downturn. This meant their internal HR status remains as "maternity leave" until recertified.

The airline has stated that any employee on unpaid leave on 1st March is ineligible for Job Keeper assistance. This criteria is not stated on ATO or Fair Work websites, and the last example on JobWatch indicates they would be eligible. http://jobwatch.org.au/home/covid-19-employment-rights-qa/

Would this returning employee qualify for Job Keeper support until they recommence work after the downturn?
1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Community Moderator

Replies 0

Hi @D_Ringrose 

 

We are currently working out the finer details on the payment. Keep checking our website and News articles on ATOCommuntiy.

 

We will be keeping both of these updated.

 

KylieS

4 REPLIES 4

ATO Certified Response

Former Community Support

Replies 3


Hi @D_Ringrose

 

The Treasury factsheet sets out the employee's  eligibility for the JobKeeper payment - your employer also has to be eligible. You can find employer eligibility here.

 

An eligible employee is an employee who:
• is currently employed by the eligible employer (including those stood down or re-hired);
• is a full-time or part-time employee, or a casual employed on a regular and systematic basis for longer than 12 months as at 1 March 2020;
• was aged 16 years or older at 1 March 2020;
• was an Australian citizen, the holder of a permanent visa, or a Special Category (Subclass 444) Visa Holder at 1 March 2020;
• was a resident for Australian tax purposes on 1 March 2020; and
• is not in receipt of a JobKeeper Payment from another employer.

 

It is important to note that the JobKeeper payment hasn't been legislated yet, so there is a chance some part of the payment could change. We have everything we know about the JobKeeper payment in our newsfeed article. We'll update it as soon as new information becomes available.

 

If you are not an eligible employee, you may be able to access income support through Services Australia. More information is available on the Services Australia website .

 

Thanks, HazelC

Newbie

Replies 0

Thanks HazelC. The employer is eligible, and the criteria you shared are already understood.

The question outstanding still is if an employee is accepted to return from unpaid leave, then their return is stood down by their employer, are they:

a) entitled to Job Keeper based on contracted start/return date, or

b) excluded from Job Keeper based on leave status on March 1?

The employer (national airline) has stated any employee on unpaid leave on 1-March is not eligible, even if all criteria you listed are met and the employer confirmed return to work before the downturn.

Newbie

Replies 1

^ duplicate post. Question above.

Most helpful response

Community Moderator

Replies 0

Hi @D_Ringrose 

 

We are currently working out the finer details on the payment. Keep checking our website and News articles on ATOCommuntiy.

 

We will be keeping both of these updated.

 

KylieS