Parental Leave and Employment Protection Act 1987

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Parental Leave and Employment Protection Act 1987

Public Act1987 No 129
Date of assent10 July 1987
Note

This Act is administered in the Department of Labour

Contents

Title

1 Short Title and commencement

1A Purpose

Interpretation

2 Interpretation

2A  multiple employments generally

2AB  multiple employments of certain medical practitioners

2AC  multiple employments of teachers

2AD Concurrent employment and self-employment

2B  multiple births or adoptions

Application of Act

3 Act to bind the Crown

4 Application of this Act to employees who have non-statutory rights to parental leave

Restrictions on parental leave

5 Restriction on parental leave under this Act where employee or employee's spouse or partner takes parental leave under any other provision

6 Restriction on taking of parental leave within 6 months of end of previous period of parental leave in respect of another child

6A Treatment of employment with same employer for purposes of determining subsequent parental leave entitlements

Part 1
Maternity leave

7 Entitlement of female employee to maternity leave

8 Entitlement of adoptive mother to maternity leave

9 Duration of maternity leave

10 Date of commencement of maternity leave

11 Right of employee to determine date of commencement of maternity leave

12 Right of employer and employee to determine date of commencement of maternity leave by agreement

13 Right of medical practitioner or midwife to determine date of commencement of maternity leave

14 Right of employer to appoint date of commencement of maternity leave

15 Special leave

16 Ability to perform work

Part 2
Partner's/paternity leave

17 Entitlement of employee to partner's/paternity leave

18 Entitlement of other adoptive parent to partner's/paternity leave

19 Duration of partner's/paternity leave

19A Extension of partner's/paternity leave entitlements for spouses or partners of employees in certain circumstances

19AB Extension of partner's/paternity leave entitlements for spouses or partners of self-employed persons in certain circumstances

19B Extension of partner's/paternity leave of adoptive parent

20 Date of commencement of partner's/paternity leave

21 Right of employee to determine date of commencement of partner's/paternity leave

22 Right of employer and employee to determine date of commencement of partner's/paternity leave by agreement

Part 3
Extended leave

23 Entitlement of employee to extended leave

24 Entitlement of adoptive parent to extended leave

25 Restriction where two or more children born or adopted at one time [Repealed]

26 Duration of extended leave

27 Extended leave to be shared between parents

28 Extended leave may be taken consecutively or concurrently with other parent's leave or parental leave payments

29 Date of commencement of extended leave

30 Termination of extended leave

Part 4
Requirements concerning notice

31 Obligation to notify employer

32 Requirements where extended leave sought

33 Requirements where child to be adopted

34 Incomplete notification

35 Failure to notify employer

36 Obligation to notify employee

37 Requirement where female employee wishes to commence maternity leave early

38 Employer's notice in relation to return to work and preference for appointment

39 Employee's notice in relation to return to work

39A Succession to employee's entitlements [Repealed]

Part 5
Rights and obligations after commencement of parental leave

40 Presumption that employee's position can be kept open in the case of first period of parental leave not exceeding 4 weeks

41 Presumption that employee's position can be kept open in the case of other periods of parental leave

42 Employer's obligations in respect of remuneration and holiday pay

43 Continuity of employment

44 Contributions to superannuation schemes

45 Early ending and extension of parental leave

46 Failure to return to work

47 Failure to accept employment

48 Workers employed to replace employees on parental leave

Part 6
Protection of employment

49 Dismissal by reason of pregnancy or parental leave prohibited

50 Special defences relating to dismissal

51 Special defences relating to dismissal during parental leave

52 Special defence relating to dismissal during the 26 weeks following parental leave

53 Redundancy payments not affected

54 Dismissal for cause not affected

Part 7
Remedies available to employees

55 Interim order

56 Parental leave complaints

57 Procedures for settlement of parental leave complaints

58 Power to refer complaint to Employment Relations Authority

59 Role of institutions

60 Decisions [Repealed]

61 Appeals to Labour Court in respect of decision of complaint committee [Repealed]

62 Appeals to Court of Appeal on question of law [Repealed]

63 Court of Appeal may refer appeals back for reconsideration [Repealed]

64 Duty to promote settlement

65 Remedies

66 Reinstatement

67 Power to refer complaint to Labour Court [Repealed]

68 Non-compliance with formal requirements

69 Penalties [Repealed]

70 Enforcement of judgments

Role of labour inspectors in relation to employees

70A Labour Inspectors may make determinations in respect of employees

70B Demand notice

70C Objections to determination or demand notice

70D Consequences of demand notice

70E Authority to determine entitlement to parental leave on objection

70F Withdrawal of demand notice

Role of Labour Inspectors in relation to self-employed persons

70G Labour Inspectors may make determinations in respect of self-employed persons

State employees

71 Procedures available to State employees

Part 7A
Payment for parental leave

Preliminary provisions

71A Purpose

71B Overview

Interpretation

71C Interpretation of this Part

71CA Definition of eligible employee

71CB Definition of eligible self-employed person

71CC Multiple self-employment

71CD Return to work by self-employed person

Entitlement to parental leave payment

71D Entitlement to parental leave payment for employees

71DA Entitlement to parental leave payment for self-employed persons

Transfer of entitlement to spouse or partner

71E Entitlement may be transferred to spouse or partner

71EA Effect of transfer of entitlement to spouse or partner

Restrictions on parental leave payments

71F Subsequent parental leave payments

71G Parental tax credit

71H Joint adoptions

Applications for parental leave payment

71I Applications for payment

71IA Discretion to approve irregular applications

Duration of parental leave payment

71J Duration of parental leave payment

71K Start of parental leave payment

71L End of parental leave payment for employees

71LA End of parental leave payment for self-employed persons

Amount of parental leave payment

71M Amount of parental leave payment

71N Annual adjustment of maximum rates of parental leave payment

71O Discretionary increases in payment amount by Order in Council

71OA Annual adjustment of minimum rates of parental leave payment for self-employed persons

71P Amount of payment not affected by other non-statutory entitlements

Administration

71Q Payments must come out of public money

71R Method of payment

71S Backdating of payments

71T Obligation of employer to notify employee of payment entitlements

71U Obligation to notify early return to work, etc

71V Non-return to work does not affect payment

71W Obligation to supply information

71X Recovery of debts by department

71Y Recovery of payments

71Z Offence to mislead department

71ZA Chief executive may delegate

71ZB Review of department's decisions about parental leave payment

Part 8
Miscellaneous provisions

72 Contracting out: holiday pay while on parental leave

72A Eligibility criteria based on average hours of work and allowing for periods of authorised leave

72B Succession to spouse's or partner's entitlements

72C Date of succession to spouse's or partner's entitlements

72D Application of Employment Relations Act 2000 in case of self-employed persons

73 Regulations

74 Repeal

75 Consequential amendments

76 Transitional provisions

77 Savings provisions

Schedule
Change of employer

  • The long title was amended, as from 1 July 2002, by section 4(1) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by inserting the words “and to entitle certain employees to up to 12 weeks of paid parental leave” after the words “pregnancy and parental leave”.

  • The long title was amended, as from 1 December 2004, by section 5 Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89) by substituting the expression “13 weeks” for the expression “12 weeks”. See section 4 of that Act for the application of this amendment. See section 23 of that Act for the transitional provision relating to the giving of notice.

  • The long title was amended, as from 1 December 2005, by section 27 Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89) by substituting the expression “14 weeks” for the expression “13 weeks”. See section 26 of that Act for the application of this amendment.

  • The long title was repealed, as from 1 July 2006, by section 6 Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment.

BE IT ENACTED by the Parliament of New Zealand as follows: