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The following additional answers have been prepared to help employers to understand the interaction between the ‘minimum payment guarantee’ under the JobKeeper amendments to the Fair Work Act 2009 (‘Act’) and the taking of authorised paid and unpaid leave, as well as confirm our changed view in relation to the Coronavirus Economic Response Package (Payment and Benefits) Rules 2020 (“Payment Rules”).
What is the minimum payment guarantee?

National System employers receiving JobKeeper payments for an employee must ensure that that employee (‘JobKeeper Employee’) receives no less than the greater of:

• the amount of the Jobkeeper payment ($1,500 per fortnight before tax); or
• the amount payable to the employee for the performance of work, including loadings, bonuses, allowances, overtime, and penalties and leave payments.

Does the minimum payment guarantee apply to a JobKeeper Employee who is on a period of approved unpaid leave?

Yes, the minimum payment guarantee applies during all periods of unpaid leave authorised by the employer. However, the Payment Rules exclude employees from any entitlement to the minimum payment guarantee when they are receiving Government Parental Leave Pay or Dad and Partner Pay

Does the minimum payment guarantee apply when a JobKeeper Employee takes a period of paid leave?
Yes.

Are JobKeeper Employees entitled to the minimum payment guarantee during periods of employer paid parental leave?

Yes, eligible employees are entitled to the minimum payment guarantee during periods of employer paid parental leave.

Require further information/assistance?

If you require further information or advice, please contact one of our consultants.

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