Reprint as at 1 April 2008
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Department of Labour
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 1Maternity 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 2Partner'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 3Extended 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 4Requirements 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 5Rights 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 6Protection 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 7Remedies 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 7APayment for parental leave
Preliminary provisions
71A Purpose
71B Overview
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 8Miscellaneous 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
ScheduleChange of employer
Reprint notes
Title: repealed, on 1 July 2006, by section 6 of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
Be it enacted by the Parliament of New Zealand as follows: