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Re: Unpaid Parental Leave and Jobkeeper

Newbie

Views 677

Replies 3

Hi,

My employer has enrolled for the Jobkeeper payment. I am an eligible employee from 31 March to 2 August 2020 and my employer has paid me and has reimbursed from the ATO from April to date.

I will be on unpaid parental leave from 3 August 2020 and I am not eligible to the Parental Leave Pay from Services Australia as I do not meet the work test for it.

Am I still an eligible employee to my employer when I am on unpaid parental leave from 3 August 2020.

If yes, can my employer refuse to claim the jobkeeper for me?

Is there anything else I can do to prove myself that I am eligible to my employer?

Appreciate your feedback.

Kind regards,

 

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Superuser

Replies 1

Hi @HuiyanXu,

 

Thank you for getting in touch. Eligible employers are required to nominate all eligible employees if they wish to participate in the JobKeeper payment. This does include people on unpaid parental leave as stated below from our Knowledge base:

 

If you are on unpaid leave you are still eligibile under the scheme. If your employer no longer wishes to receive jobkeeper as an employee nothing can be done its their choice if they want it or not. If you are concerned someone is doing the wrong thing related to the JobKeeper payment, you should tell us about it. You can confidentially make a tip-off about illegal activities and concerns to us.

 

If your employer chooses to participate in the JobKeeper Payment scheme, and you are an eligible employee, they must provide you with a JobKeeper payment – employee nomination notice. Find out about this at Employers. It is important to return the employee nomination notice to your employer as soon as possible in order for them to make a JobKeeper claim for you.

Your employer will not be able to claim the JobKeeper payment on your behalf if:

- you do not agree to be nominated

- you do not return your employee nomination notice before they make a claim for you

- they, or you, do not meet the eligibility criteria

 

Hope this helps!

3 REPLIES 3

Most helpful response

Superuser

Replies 1

Hi @HuiyanXu,

 

Thank you for getting in touch. Eligible employers are required to nominate all eligible employees if they wish to participate in the JobKeeper payment. This does include people on unpaid parental leave as stated below from our Knowledge base:

 

If you are on unpaid leave you are still eligibile under the scheme. If your employer no longer wishes to receive jobkeeper as an employee nothing can be done its their choice if they want it or not. If you are concerned someone is doing the wrong thing related to the JobKeeper payment, you should tell us about it. You can confidentially make a tip-off about illegal activities and concerns to us.

 

If your employer chooses to participate in the JobKeeper Payment scheme, and you are an eligible employee, they must provide you with a JobKeeper payment – employee nomination notice. Find out about this at Employers. It is important to return the employee nomination notice to your employer as soon as possible in order for them to make a JobKeeper claim for you.

Your employer will not be able to claim the JobKeeper payment on your behalf if:

- you do not agree to be nominated

- you do not return your employee nomination notice before they make a claim for you

- they, or you, do not meet the eligibility criteria

 

Hope this helps!

Newbie

Replies 0

Hi, Thank you for your reply.

 

I am still eligible under scheme when on unpaid parental leave, whatif my employer refuse to pay me and refuse to claim the jobkeeper payment only on me but whilst they claim the jobkeeper payments for other eligible employees, are they in breach of the one-in-all-in-rule?  

 

Am I incorrectly excluded from JobKeeper in breach of the one-in-all-in rule?

 

Many thanks,

Former Community Support

Replies 0

Hi @HuiyanXu,

 

Thanks for your reply.

 

The ‘one in, all in’ rule is a key feature of the scheme and is designed to ensure that employers cannot pick and choose which employees they nominate as all eligible employees must be nominated. This thread helps explain the 'one in, all in' model and what employers need to do.

 

If your employer excludes you from the JobKeeper payment and does not pay you the minimum $1,500 (gross salary inclusive of PAYG withholding) before the end of each JobKeeper fortnight or if you believe your employer is doing the wrong thing in relation to JobKeeper payment, you can tell us about it. To report illegal or behaviour of concern, you can go to the making a tip off page on out website.

 

If you have questions about workplace entitlements and obligations in relation to the JobKeeper Payment scheme, the Fair Work Commission has released guidance on how it can assist with JobKeeper Disputes.

 

All the best.