Permissible breaks may occur between 2 work days in either the work test period or at the beginning of the work test period.
A break between 2 days on which the person performed qualifying work (1.1.Q.20) in the work test period is a permissible break if there were no more than 56 consecutive days (equivalent to 8 weeks) between those 2 work days.
Example: If a woman works for 3 months, takes unpaid leave for 6 weeks for a holiday, then returns to work for another 6 months before having the baby, the holiday would be a permissible break because it was only around 42 days in length.
A permissible break can also occur where a person has performed qualifying work on a day before the start of the work test period and they next perform qualifying work on a day after the first day of the work test period, and the second qualifying work day is not more than 56 days after the previous qualifying work day.
Example: A woman's work test period starts on 1 February. She worked up until 15 January, went on unpaid leave and returned to work on 15 February. The period of consecutive days on which the person did not perform qualifying work between the first day in the work test period and the later qualifying work day (from 1 February to 14 February) is a permissible break because the number of days between the previous qualifying work day (15 January) and the later qualifying work day (15 February) is not more than 56 days.
Note: For children born or entrusted to care as part of an adoption process on or after 1 March 2014, a person can count the days in their previous period of PPL and/or DAPP (for a previous child) as qualifying work for a new claim. If a person is expecting a child born or entrusted to care as part of an adoption process and the child arrives before 1 March 2014, the claim will be assessed on the pre-1 March work test rules, i.e. they cannot count the days in their previous period of PLP and/or DAPP (for a previous child) as qualifying work for a new claim).
Calendar days in a previous PPL period will count as days of qualifying work when assessing whether there has been a permissible break between two consecutive working days for the new claim.
Act reference: PPLAct section 36 When there is a permissible break, section 34 When a person performs qualifying work
Last reviewed: 11 November 2013