Commentary on Sections Part 2: Shared Rights to Leave and Pay Section 6: Exclusion or curtailment of other statutory rights to pay
Section 6 amends the SSCBA, allowing regulations to be made that will enable the reduction of a person's maternity allowance period, maternity pay period or adoption pay period subject to prescribed conditions. The purpose is to allow the individual to access the new system of shared parental leave and pay.
Subsection (2) makes relevant amendments to section 35 of the SSCBA concerning the maternity allowance period. Subsection (3) further amends section 35 to ensure that a woman is not entitled to maternity allowance in respect of a week during which she would have been entitled to statutory maternity pay had she not reduced her statutory maternity pay period.
Subsection (4) makes relevant amendments to section 161 of the SSCBA concerning the maternity pay period and subsection (6) similarly amends section 167ZN in respect of the adoption pay period.
Subsection (5) inserts provisions into section 167ZE of the SSCBA to specify that statutory paternity pay will not be payable in respect of a child where the person has been paid statutory shared parental pay or is due to be paid statutory shared parental pay for that week.