Examples to help you apply the work test

These examples don’t cover every situation. Read about the Parental Leave Pay work test for more information.

When you take paid leave from work

Alison has her baby on 18 August 2024. Her 13 month work test period is from 23 July 2023 to 17 August 2024. This is the day before she has her baby.

During that time Alison works 38 hours per week, full time and takes 13 weeks of paid leave. She returns to work for 5 weeks after this leave. She then starts 3 weeks paid maternity leave from 28 July 2024. Alison’s paid leave counts as work, for the work test.

Alison works for a 10 month period from 23 July 2023 to 12 May 2024. She works more than 330 hours and doesn’t have a gap of 12 weeks or more between work days.

Alison meets the work test.

When you have different employers

Jenna has her first child on 3 July 2024. Her 13 month work test period is from 7 June 2023 to 2 July 2024.

Jenna works for a 10 month period from 7 June 2023 to 27 March 2024. During this time, Jenna works for 3 employers.

Jenna works in an office for 6 hours every Monday. She does a total of 258 hours from the beginning of her work test period until 27 March 2024.

Jenna works as a waitress with casual hours. She calculates that between 7 June and 27 March she works a total of 70 hours.

Jenna also works as a swimming instructor for 3 hours per week. She does this for 4 weeks in February 2024 for a total of 12 hours.

Jenna can include her work with each employer towards the work test.

Jenna works more than 330 hours in the work test period. There isn’t a gap of 12 weeks or more between 2 working days in the 10 month period.

Jenna meets the work test.

When you have pregnancy related illness or complications

Patricia is on unpaid leave for 2 years before she starts full time work. She works full time from 3 July 2023 to 25 January 2024. Her baby is due on 3 June 2024.

She plans to work until 4 May 2024, but has to stop work early because of pregnancy related complications. She has her baby prematurely on 30 May 2024.

Her 13 month work test period is from 4 May 2023 to 29 May 2024. The test period ends the day before she has her baby, not the day before her baby is due.

Patricia’s 10 month period is from 3 July 2023 to 22 April 2024. In this period Patricia works more than 330 hours. However, there’s more than a 12 week gap between 2 work days.

Patricia gives us evidence that her doctor tells her to stop work. She also gives us evidence from her employer that she’d planned to work until 4 May 2024.

Patricia meets the work test.

When you have a premature birth

Denise works 8 hours per week from 5 September 2024.

Denise’s baby was due on 4 August 2025 but she has her baby prematurely on 22 May 2025. Her 13 month work test period is from 26 April 2024 to 21 May 2025. The test period ends the day before she has her baby, not the day before her baby was due.

Denise calculates she worked 296 hours from 5 September 2024 to 21 May 2025. This is less than 330 hours in the 10 month period.

Denise intended to work up to 25 June 2025, more than 6 weeks before her due date. If Denise was able to work up to 25 June 2025, her planned work hours would have been more than 330 hours.

Denise gives us evidence from her doctor of her child’s expected due date. She also gives us evidence from her employer that she planned to continue working up to 25 June. The evidence includes the number of hours Denise would have worked.

Denise meets the work test.

When you have a previous Paid Parental Leave period

Sadie is on maternity leave for her first child. She gets Parental Leave Pay for the period from 24 April to 27 August 2023.

Sadie returns to work on 30 August 2023 for 35 hours per week. She stops work on 2 May 2024 to have her second child.

Sadie has her second child on 26 May 2024. Her 13 month work test period is from 30 April 2023 to 25 May 2024.

Sadie can include her previous period of Parental Leave Pay and her paid work towards the work test. This means she’ll work more than 330 hours in the 10 month period from 13 July 2023 to 2 May 2024. There is also no more than a 12 week gap between work days.

Sadie meets the work test.

When you’re self employed

Lisa runs a business from home, which she started in March 2023. Due to start up and running costs, Lisa doesn’t make a profit from her business yet. She works at least 4 days per week for 5 hours per day.

Lisa has her first child on 30 April 2024. Her 13 month work test period is from 4 April 2023 to 29 April 2024.

Lisa’s 10 months period is from 4 April 2023 to 23 January 2024. During this time, she works more than 330 hours without more than a 12 week gap.

Lisa meets the work test.

When you have a gap between work days

Zara has her baby on 6 January 2025. Her 13 month work test period is from 10 December 2023 to 5 January 2025.

During that time, Zara works 15 hours a week. Between 20 June 2024 and 21 August 2024, she takes 9 weeks of unpaid leave. Zara’s unpaid leave doesn’t count as work for the work test. She stops work on 5 December 2024 to have her baby.

Zara works more than 330 hours in the 10 month period from 14 February 2024 to 5 December 2024. There is also no more than a 12 week gap between work days.

Zara meets the work test.

When you have a dangerous job

Joanne is working as a jockey. Her job description requires her to train and race horses.

Joanne has her baby on 1 December 2023. She stops work on 5 April 2023 because workplace hazards are a risk to her pregnancy. This means Joanne has a gap of more than 12 weeks between work days. Joanne does not meet the normal work test that ends the day before she has her baby.

We ask Joanne to provide proof from her employer confirming she was working as a jockey. She also provides the industry regulations which set out when a jockey can work during pregnancy.

Joanne is able to meet the Dangerous Jobs provision. We move her 13 month work test to an earlier period. Her new work test period ends on 5 April 2023, the day she stops work.

Joanne works more than 330 hours in the 10 month period between 16 June 2022 and 5 April 2023. She has no more than a 12 week gap between each work day.

Joanne meets the work test in the earlier period.