Parental Leave and Employment Protection Act 1987

Reprint as at 1 April 2015

Coat of Arms of New Zealand

Parental Leave and Employment Protection Act 1987

Public Act
1987 No 129
Date of assent
10 July 1987
Commencement
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title [Repealed]
1Short Title and commencement
1APurpose
2Interpretation
2AMultiple employments generally
2ABMultiple employments of certain medical practitioners
2ACMultiple employments of teachers
2ADConcurrent employment and self-employment
2BMultiple births or adoptions
2CTransitional, savings, and related provisions
3Act to bind the Crown
4Application of this Act to employees who have non-statutory rights to parental leave
5Restriction on parental leave under this Act where employee or employee’s spouse or partner takes parental leave under any other provision
6Restriction on taking of parental leave within 6 months of end of previous period of parental leave in respect of another child
6ATreatment of employment with same employer for purposes of determining subsequent parental leave entitlements
7Entitlement of female employee to maternity leave
8Entitlement of adoptive mother to maternity leave
9Duration of maternity leave
10Date of commencement of maternity leave
11Right of employee to determine date of commencement of maternity leave
12Right of employer and employee to determine date of commencement of maternity leave by agreement
13Right of medical practitioner or midwife to determine date of commencement of maternity leave
14Right of employer to appoint date of commencement of maternity leave
15Special leave
16Ability to perform work
17Entitlement of employee to partner’s/paternity leave
18Entitlement of other adoptive parent to partner’s/paternity leave
19Duration of partner’s/paternity leave
19AExtension of partner’s/paternity leave entitlements for spouses or partners of employees in certain circumstances
19ABExtension of partner’s/paternity leave entitlements for spouses or partners of self-employed persons in certain circumstances
19BExtension of partner’s/paternity leave of adoptive parent
20Date of commencement of partner’s/paternity leave
21Right of employee to determine date of commencement of partner’s/paternity leave
22Right of employer and employee to determine date of commencement of partner’s/paternity leave by agreement
23Entitlement of employee to extended leave
24Entitlement of adoptive parent to extended leave
25Restriction where 2 or more children born or adopted at one time [Repealed]
26Duration of extended leave
27Extended leave to be shared between parents
28Extended leave may be taken consecutively or concurrently with other parent’s leave or parental leave payments
29Date of commencement of extended leave
30Termination of extended leave
31Obligation to notify employer
32Requirements where extended leave sought
33Requirements where child to be adopted
34Incomplete notification
35Failure to notify employer
36Obligation to notify employee
37Requirement where female employee wishes to commence maternity leave early
38Employer’s notice in relation to return to work and preference for appointment
39Employee’s notice in relation to return to work
39ASuccession to employee’s entitlements [Repealed]
40Presumption that employee’s position can be kept open in the case of first period of parental leave not exceeding 4 weeks
41Presumption that employee’s position can be kept open in the case of other periods of parental leave
42Employer’s obligations in respect of remuneration and holiday pay
43Continuity of employment
44Contributions to superannuation schemes
45Early ending and extension of parental leave
46Failure to return to work
47Failure to accept employment
48Workers employed to replace employees on parental leave
49Dismissal by reason of pregnancy or parental leave prohibited
50Special defences relating to dismissal
51Special defences relating to dismissal during parental leave
52Special defence relating to dismissal during the 26 weeks following parental leave
53Redundancy payments not affected
54Dismissal for cause not affected
55Interim order
56Parental leave complaints
57Procedures for settlement of parental leave complaints
58Power to refer complaint to Employment Relations Authority
59Role of institutions
60Decisions [Repealed]
61Appeals to Labour Court in respect of decision of complaint committee [Repealed]
62Appeals to Court of Appeal on question of law [Repealed]
63Court of Appeal may refer appeals back for reconsideration [Repealed]
64Duty to promote settlement
65Remedies
66Reinstatement
67Power to refer complaint to Labour Court [Repealed]
68Non-compliance with formal requirements
69Penalties [Repealed]
70Enforcement of judgments
70ALabour Inspectors may make determinations in respect of employees
70BDemand notice
70CObjections to determination or demand notice
70DConsequences of demand notice
70EAuthority to determine entitlement to parental leave on objection
70FWithdrawal of demand notice
70GLabour Inspectors may make determinations in respect of self-employed persons
71Procedures available to State employees
71APurpose
71BOverview
71CInterpretation of this Part
71CADefinition of eligible employee
71CBDefinition of eligible self-employed person
71CCMultiple self-employment
71CDReturn to work by self-employed person
71DEntitlement to parental leave payment for employees
71DAEntitlement to parental leave payment for self-employed persons
71EEntitlement may be transferred to spouse or partner
71EAEffect of transfer of entitlement to spouse or partner
71FSubsequent parental leave payments
71GParental tax credit
71HJoint adoptions
71IApplications for payment
71IADiscretion to approve irregular applications
71JDuration of parental leave payment
71KStart of parental leave payment
71LEnd of parental leave payment for employees
71LAEnd of parental leave payment for self-employed persons
71MAmount of parental leave payment
71NAnnual adjustment of maximum rates of parental leave payment
71ODiscretionary increases in payment amount by Order in Council
71OAAnnual adjustment of minimum rates of parental leave payment for self-employed persons
71PAmount of payment not affected by other non-statutory entitlements
71QPayments must come out of public money
71RMethod of payment
71SBackdating of payments
71TObligation of employer to notify employee of payment entitlements
71UObligation to notify early return to work, etc
71VNon-return to work does not affect payment
71WObligation to supply information
71XRecovery of debts by department
71YRecovery of payments
71ZOffence to mislead department
71ZAChief executive may delegate
71ZBReview of department’s decisions about parental leave payment
72Contracting out: holiday pay while on parental leave
72AEligibility criteria based on average hours of work and allowing for periods of authorised leave
72BSuccession to spouse’s or partner’s entitlements
72CDate of succession to spouse’s or partner’s entitlements
72DApplication of Employment Relations Act 2000 in case of self-employed persons
73Regulations
74Repeal
75Consequential amendments [Repealed]
76Transitional provisions
77Savings provisions
Reprint notes
[Repealed]

Title

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).