Parental Leave and Employment Protection Act 1987

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

(1)

[Repealed]

(2)

An employee is treated as being in the employment of an employer for an hour, despite being absent from work, if the employee would normally have been at work for that employer for that hour but is—

(a)

absent on leave with pay for that hour; or

(b)

on leave without pay (other than parental leave) with the employer’s agreement for that hour; or

(c)

entitled to a payment of weekly compensation under the Accident Compensation Act 2001 for that hour; or

(d)

on volunteers leave (within the meaning of the Volunteers Employment Protection Act 1973) for that hour; or

(e)

a pregnant employee who is on primary carer leave before the expected date of delivery of the child for that hour (except in a case to which section 6 refers); or

(f)

absent because of any other circumstances that are considered by a Labour Inspector not to disrupt the normal pattern of the employee’s employment.

(3)

The hours that the employee would normally have been at work must be calculated—

(a)

in accordance with the terms of the employee’s employment; or

(b)

by reference to the employee’s hours of work before any period of leave without pay began, in the case of a period of leave without pay that started longer than 12 months ago.

(4)

Week means the employee’s ordinary working week.

Section 72A: inserted, on 1 July 2002, by section 20 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).

Section 72A(1): repealed, on 1 April 2016, by section 77(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 72A(2)(c): amended on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 72A(2)(d): substituted, on 1 April 2004, by section 15 of the Volunteers Employment Protection Amendment Act 2004 (2004 No 12).

Section 72A(2)(e): amended, on 1 April 2016, by section 77(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).