Exceptions to the work test

Your work test period is the 13 months before the birth or adoption of your child.

If certain circumstances affected your ability to work during your work test period, you may still meet the work test. We call these exceptions to the work test.

If you have a pregnancy related illness or complications

You may meet the work test if you stopped work earlier than expected, as a direct result of your pregnancy. This may be because you either:

• had a medical condition that got worse because of your pregnancy
• developed an illness or complication with your pregnancy.

You’ll need to give us proof from both your doctor and your employer.

Proof from your doctor

You need to provide proof from your doctor or the hospital confirming all of the following about your illness or complication:

• what it was
• the date it started
• that it prevented or reduced your ability to work
• that it’s directly related to your pregnancy.

For example, you may need to prove that your pregnancy was the reason a pre-existing condition got worse.

Proof from your employer

You’ll also need to provide proof from your employer. This needs to include both:

• the date you stopped working
• that you would’ve kept working during the work test period if you didn’t experience the illness or complication.

Proof if you’re self-employed

If you’re self-employed, you need to prove your ability to work reduced during the work test period. This may include any of the following:

• existing and new contracts
• self-declaration of self-employment status and the intention for the business to continue
• a letter or declaration from your accountant confirming past and expected future of business
• notifications of change to business activity
• employment of a staff member to perform your usual work activities.

If your child’s birth was premature

If your child’s born prematurely you may still meet the work test.

You need to show that you would have met the work test if your child’s birth wasn’t premature.

When you claim, we may ask you to provide all of the following proof:

• your child’s expected date of birth, from a doctor or hospital
• the dates you had planned to work during your work test period, from your employer.

If you have a dangerous job or workplace hazards

You may meet the dangerous jobs provision if all of the following apply:

• you’re pregnant or the birth mother of a newborn child
• you had to stop work because a workplace hazard was a risk to your pregnancy
• you won’t meet the work requirements in the 13 month work test period ending the day before your child’s birth.

If you meet the dangerous jobs provision, we’ll move your work test period. It will no longer be the 13 month period ending the day before your child’s birth. Instead, your 13 month work test period will end the day you stopped work.

You’ll still need to meet the work test in this earlier period to be eligible for Parental Leave Pay.

Not everyone who had to stop work due to coronavirus will meet the dangerous jobs provision. You must provide proof of your work circumstances and that you stopped work because of the risk to your pregnancy.

Proof of work

You’ll need to provide proof confirming all of the following:

• the job you were doing before your child was born
• the date you stopped working
• what the workplace hazards were
• why the hazards stopped you from continuing work
• the hazards were part of the work you were doing before your child’s birth.

The proof may include any of these:

• a letter from your employer
• a copy of your contract or workplace agreement
• a statutory declaration of your job description, if you’re self-employed.

Proof of the risk to your pregnancy

You’ll also need to provide proof that you stopped work because workplace hazards were a risk to your pregnancy. This may include any of these:

• a medical certificate
• a letter from your employer (if they are a medical professional)
• a copy of your industry regulations or guidelines that confirm you were unable to continue working due to your pregnancy.

Proof if you’re self-employed

If you’re self-employed, you need to prove your ability to work reduced during the work test period. This may include any of the following:

• a copy of your contract, industry regulations, or guidelines
• a statutory declaration.

If you provide a statutory declaration, it needs to state all of the following:

• the type of work you did
• your job description
• the date you stopped working
• what the workplace hazards were
• why the hazards stopped you from continuing work.

If you’re affected by family and domestic violence

If family and domestic violence directly affected your ability to work, you may meet the work test.

A social worker may need to call you to discuss your claim. The call will come from a private number.

We may also need you to provide proof of your circumstances.

Proof may include any of these:

• a letter from someone who knows your circumstances
• a letter from a support service, like a shelter, refuge, or community housing
• a police or court document, such as a domestic violence order
• a statutory declaration.

Proof from your employer

You’ll also need to provide proof from your employer.

You do not have to tell your employer about the family and domestic violence. They only need to confirm that work was available.

The proof needs to include both:

• the dates or periods you weren’t able to work
• that you would’ve kept working during the work test period.

Proof if you’re self-employed

If you’re self-employed, you need to prove your ability to work reduced during the work test period. This may include any of the following:

• existing and new contracts
• a letter or declaration from your accountant confirming past and expected future of business
• notifications of change to business activity
• employment of a staff member to perform your usual work activities
• self-declaration of self-employment status and the intention for the business to continue.

If you or someone you care for has a severe medical condition

If a severe medical condition directly affected your ability to work, you may still meet the work test. This may be because you either:

• had a severe medical condition
• have been caring for a close family member with a severe medical condition.

A close family member is any of these:

• your child
• your partner
• your sibling
• your parent
• your partner’s parent
• someone you have legal guardianship over
• for Aboriginal and Torres Strait Islander peoples, this includes cultural kinship relationships.

Proof from a doctor

You’ll need to give us proof to show that without the severe medical condition you would have met the work test.

You need to provide proof from a doctor or hospital confirming all of the following:

• what the severe medical condition was
• who experienced it
• the period you were affected by the medical condition, or cared for your family member
• that it prevented or reduced your ability to work, or required you to care for your family member.

Proof from your employer

You’ll also need to provide proof from your employer. This needs to include both:

• the period you were not able to work
• that you would’ve kept working during the work test period, if not for the severe medical condition.

Proof if you’re self-employed

If you’re self-employed, you need to prove your ability to work was reduced during the work test period. This may include any of the following:

• existing and new contracts
• a letter or declaration from your accountant confirming past and expected future of business
• notifications of change to business activity
• employment of a staff member to perform your usual work activities
• self-declaration of self-employment status and the intention for the business to continue.

If you’re affected by a natural disaster

If a natural disaster directly affected your ability to work, you may still meet the work test. The disaster must have been declared by the Commonwealth or a state or territory.

COVID-19 has not been declared a natural disaster by the Commonwealth or a state or territory.

If you’ve been directly affected by a natural disaster, you’ll need to provide proof that includes both:

• that you have been directly affected by the natural disaster
• the address or location where you have been affected, for example, your home or work address.

Proof may include any of the following:

• evidence of major damage to your home, like an insurance claim, building report, invoices for completed repairs or quotes for scheduled repairs
• lease agreement
• letter from your real estate agent
• driver’s licence
• utility notice or rates notice in your name
• media articles showing impacts on your community
• a letter from your employer if your workplace was affected by the disaster
• a statutory declaration explaining how you have been affected.

Proof from your employer

You’ll also need to provide proof from your employer. This needs to include both:

• the period you were not able to work
• that you would’ve kept working during the work test period if you didn’t experience the natural disaster.

Proof if you’re self-employed

If you’re self-employed, you need to prove your ability to work reduced during the work test period. This may include any of the following:

• existing and new contracts
• a letter or declaration from your accountant confirming past and expected future of business
• notifications of change to business activity
• employment of a staff member to perform your usual work activities
• self-declaration of self-employment status and the intention for the business to continue.