Parental Leave and Employment Protection Amendment Act 2016

Coat of Arms of New Zealand

Parental Leave and Employment Protection Amendment Act 2016

Public Act
 
2016 No 8
Date of assent
 
17 March 2016
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 1A amended (Purpose)
5New section 1B inserted (Outline)
1BOutline
6Section 2 amended (Interpretation)
7Section 2A amended (Multiple employments generally)
8Section 2AB amended (Multiple employments of certain medical practitioners)
9Section 2AC amended (Multiple employments of teachers)
10Section 2AD amended (Concurrent employment and self-employment)
11Section 2B amended (Multiple births or adoptions)
12New section 2BA inserted (Thresholds for entitlements)
2BAThresholds for entitlements
13Section 4 amended (Application of this Act to employees who have non-statutory rights to parental leave)
14Section 5 amended (Restriction on parental leave under this Act where employee or employee’s spouse or partner takes parental leave under any other provision)
15Part 1 heading amended
16Sections 7 and 8 replaced
7Meaning of primary carer
8Entitlement to primary carer leave
17Section 9 amended (Duration of maternity leave)
18Section 10 amended (Date of commencement of maternity leave)
19Section 11 amended (Right of employee to determine date of commencement of maternity leave)
20Section 12 replaced (Right of employer and employee to determine date of commencement of maternity leave by agreement)
12Right of employer and employee to determine date of commencement of primary carer leave by agreement
21New cross-heading above section 13 inserted
22Section 13 amended (Right of medical practitioner or midwife to determine date of commencement of maternity leave)
23Section 14 amended (Right of employer to appoint date of commencement of maternity leave)
24Section 15 amended (Special leave)
25Part 2 heading amended
26Sections 17 and 18 replaced
17Entitlement of spouse or partner of primary carer to partner’s leave
27Section 19 amended (Duration of partner’s/paternity leave)
28Sections 19A to 19B repealed
29Section 20 replaced (Date of commencement of partner’s/paternity leave)
20Date of commencement of partner’s leave
30Section 21 replaced (Right of employee to determine date of commencement of partner’s/paternity leave)
21Right of employee to determine date of commencement of partner’s leave
31Section 22 amended (Right of employer and employee to determine date of commencement of partner’s/paternity leave by agreement)
32Sections 23 and 24 replaced
23Entitlement of employee to extended leave
33Sections 26 to 30 replaced
26Duration of extended leave
27Period during which extended leave may be taken
28Sharing of extended leave
29Extended leave may be taken consecutively or concurrently with leave taken by partner
34New Part 3A inserted
30AObject of this Part
30BEmployee may make request
30CRequirements relating to request
30DEmployer must notify decision as soon as possible
30EGrounds for refusal of request by employer
30FLimitation on challenging employer
30GRole of Labour Inspector
30HLabour Inspectors and mediation
30IApplication to Employment Relations Authority
30JPenalty
35Section 31 amended (Obligation to notify employer)
36Section 32 amended (Requirements where extended leave sought)
37Section 33 replaced (Requirements where child to be adopted)
33Requirements where primary carer is not biological mother or her spouse or partner
38Section 37 replaced (Requirement where female employee wishes to commence maternity leave early)
37Requirement where employee wishes to begin primary carer leave early
39Section 39 amended (Employee’s notice in relation to return to work)
40Section 42 amended (Employer’s obligations in respect of remuneration and holiday pay)
41Section 45 amended (Early ending and extension of parental leave)
42Section 49 amended (Dismissal by reason of pregnancy or parental leave prohibited)
43Section 54 amended (Dismissal for cause not affected)
44Section 55 amended (Interim order)
45Section 56 amended (Parental leave complaints)
46Section 70A amended (Labour Inspectors may make determinations in respect of employees)
47Section 70G amended (Labour Inspectors may make determinations in respect of self-employed persons)
48Section 71A replaced (Purpose)
71APurpose
49New section 71AB inserted (Application to members of Armed Forces)
71ABApplication to members of Armed Forces
50Section 71B amended (Overview)
51Section 71C amended (Interpretation of this Part)
52Section 71CA amended (Definition of eligible employee)
53New section 71CAA inserted (Calculation of employee’s average weekly income from work)
71CAACalculation of employee’s average weekly income from work
54Section 71CB amended (Definition of eligible self-employed person)
55New section 71CBA inserted (Calculation of self-employed person’s average weekly income from work)
71CBACalculation of self-employed person’s average weekly income from work
56Section 71CC repealed (Multiple self-employment)
57New section 71CE inserted
71CEKeeping-in-touch days
58Sections 71D and 71DA replaced
71DEntitlement to parental leave payments
71DAEntitlement to preterm baby payment
71DBAdditional keeping-in-touch hours for primary carers who receive preterm baby payments
59Section 71E replaced (Entitlement may be transferred to spouse or partner)
71EEntitlement may be transferred to spouse or partner
60Section 71F replaced (Subsequent parental leave payments)
71FSubsequent parental leave payments
61Section 71G amended (Parental tax credit)
62Section 71H repealed (Joint adoptions)
63Section 71I amended (Applications for payment)
64Section 71IA amended (Discretion to approve irregular applications)
65Section 71J amended (Duration of parental leave payment)
66Section 71K replaced (Start of parental leave payment)
71KStart of parental leave payment
67Section 71L replaced (End of parental leave payment for employees)
71LEnd of parental leave payment
68Section 71LA repealed (End of parental leave payment for self-employed persons)
69Section 71M amended (Amount of parental leave payment)
70Section 71N replaced (Annual adjustment of maximum rates of parental leave payment)
71NAnnual adjustment of parental leave payment rates
71Section 71OA repealed (Annual adjustment of minimum rates of parental leave payment for self-employed persons)
72Section 71P amended (Amount of payment not affected by other non-statutory entitlements)
73Section 71U amended (Obligation to notify early return to work, etc)
74Section 71V repealed (Non-return to work does not affect payment)
75Section 71Z amended (Offence to mislead department)
76Section 71ZB amended (Review of department’s decisions about parental leave payment)
77Section 72A amended (Eligibility criteria based on average hours of work and allowing for periods of authorised leave)
78Section 72B amended (Succession to spouse’s or partner’s entitlements)
79Section 72C amended (Date of succession to spouse’s or partner’s entitlements)
80Section 73 amended (Regulations)
81Schedule 1AA amended
82Consequential amendments to Parental Leave and Employment Protection Amendment Act 2014
83Consequential amendments to other enactments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: