25Leave from paid work

#### 25 Leave from paid work (1) This section applies if: (a) an individual engages in a recognised participation type consisting of paid work for the purposes of paragraph 12(2)(a) of Schedule 2 to the Family Assistance Act; and (b) during a CCS fortnight, the individual takes paid or unpaid leave from that work; and (c) in the case of an individual taking unpaid leave: (i) the leave is for a continuous period of 6 months or less; or (ii) the leave is parental leave (or of the nature of parental leave); and (d) as at the time immediately before the individual takes the leave, he or she was normally engaged in a recognised participation type for 8 or more hours each fortnight. (2) For the purposes of paragraph 12(3)(b) of that Schedule, the individual is taken also to engage in a recognised participation type of the same kind for the purposes of paragraph 12(2)(a) of that Schedule during the period of paid or unpaid leave. (3) For the purposes of paragraph 12(4)(a) of that Schedule, the number of hours of recognised participation type engaged in by the individual to which subsection (2) of this section applies during a period of paid or unpaid leave is taken to be the same number of hours as the number of hours of paid work normally engaged in by the individual during a period of the same length. (4) Paid or unpaid leave, for an individual, means: (a) if the individual engages in paid work as an employee, or under a contract—paid or unpaid leave granted under the terms or conditions of the individual’s employment or contract; or (b) in any other case—paid or unpaid leave taken by the individual that, if the individual were an employee, would be of the nature of any of the following: (i) annual leave; (ii) long service leave; (iii) leave for illness or injury; (iv) carer’s leave for family or household members, or for household emergencies; (v) leave (parental leave) for the birth of a child to the individual or the individual’s partner, or for the adoption of a child by the individual or the individual’s partner, including such leave taken in preparation for birth or adoption and to care for a child after birth or adoption.