Parental Leave and Employment Protection Act 1987

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Reprint as at 1 July 2018

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.

	Title [Repealed]
1	Short Title and commencement
1A	Purpose
1B	Outline
	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 children
2BA	Thresholds for entitlements
	Application of Act
2C	Transitional, savings, and related provisions
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 Primary carer leave
7	Meaning of primary carer
8	Entitlement to primary carer leave
9	Duration of primary carer leave
10	Date of commencement of primary carer leave
11	Right of employee to determine date of commencement of primary carer leave
12	Right of employer and employee to determine date of commencement of primary carer leave by agreement
	Provisions applicable to pregnant employees only
13	Right of medical practitioner or midwife to determine date of commencement of primary carer leave
14	Right of employer to appoint date of commencement of primary carer leave
15	Special leave
16	Ability to perform work
	Part 2 Partner’s leave
17	Entitlement of spouse or partner of primary carer to partner’s leave
18	Entitlement of other adoptive parent to partner’s/paternity leave [Repealed]
19	Duration of Partner’s leave
19A	Extension of partner’s/paternity leave entitlements for spouses or partners of employees in certain circumstances [Repealed]
19AB	Extension of partner’s/paternity leave entitlements for spouses or partners of self-employed persons in certain circumstances [Repealed]
19B	Extension of partner’s/paternity leave of adoptive parent [Repealed]
20	Date of commencement of partner’s leave
21	Right of employee to determine date of commencement of partner’s leave
22	Right of employer and employee to determine date of commencement of partner’s leave by agreement
	Part 3 Extended leave
23	Entitlement of employee to extended leave
24	Entitlement of adoptive parent to extended leave [Repealed]
25	Restriction where 2 or more children born or adopted at one time [Repealed]
26	Duration of extended leave
27	Period during which extended leave may be taken
28	Sharing of extended leave
29	Extended leave may be taken consecutively or concurrently with leave taken by partner
30	Termination of extended leave [Repealed]
	Part 3A Primary carers not eligible for primary carer leave may request negotiated carer leave
30A	Object of this Part
	Employee’s right to make request
30B	Employee may make request
30C	Requirements relating to request
	Duties of employer
30D	Employer must notify decision as soon as possible
30E	Grounds for refusal of request by employer
	Resolving disputes
30F	Limitation on challenging employer
30G	Role of Labour Inspector
30H	Labour Inspectors and mediation
30I	Application to Employment Relations Authority
30J	Penalty
	Part 4 Requirements concerning notice
31	Obligation to notify employer
32	Requirements where extended leave sought
33	Requirements where primary carer is not biological mother or her spouse or partner
34	Incomplete notification
35	Failure to notify employer
36	Obligation to notify employee
37	Requirement where employee wishes to begin primary carer 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
71AB	Application to members of Armed Forces
71B	Overview
	Interpretation
71C	Interpretation of this Part
71CA	Definition of eligible employee
71CAA	Calculation of employee’s average weekly income from work
71CB	Definition of eligible self-employed person
71CBA	Calculation of self-employed person’s average weekly income from work
71CC	Multiple self-employment [Repealed]
71CD	Return to work by self-employed person
	Keeping-in-touch days
71CE	Keeping-in-touch days
	Entitlement to parental leave payment
71D	Entitlement to parental leave payments
	Entitlement to preterm baby payments
71DA	Entitlement to preterm baby payment
71DB	Additional keeping-in-touch hours for primary carers who receive preterm baby payments
	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 [Repealed]
	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
71LA	End of parental leave payment for self-employed persons [Repealed]
	Amount of parental leave payment
71M	Amount of parental leave payment
71N	Annual adjustment of parental leave payment rates
71O	Discretionary increases in payment amount by Order in Council
71OA	Annual adjustment of minimum rates of parental leave payment for self-employed persons [Repealed]
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 [Repealed]
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
73A	Regulations are confirmable instruments
74	Repeal
75	Consequential amendments [Repealed]
76	Transitional provisions
77	Savings provisions
	Schedule 1AA Transitional provisions relating to amendments to this Act coming into force on and after 1 April 2015
	Schedule 1 Change of employer
	Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002
	Parental Leave and Employment Protection Amendment Act 2004
	Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006
	Reprint notes

Title [Repealed]

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).

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Parental Leave and Employment Protection Act 1987

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