Parental Leave and Employment Protection Act 1987

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Version as at 1 July 2022

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

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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

Contents

Title [Repealed]
1Short Title and commencement
1APurpose
1BOutline
Interpretation
2Interpretation
2AMultiple employments generally
2ABMultiple employments of certain medical practitioners [Repealed]
2ACMultiple employments of teachers
2ADConcurrent employment and self-employment
2BMultiple children
2BAThresholds for entitlements
Application of Act
2CTransitional, savings, and related provisions
3Act to bind the Crown
4Application of this Act to employees who have non-statutory rights to parental leave
Restrictions on 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
Part 1
Primary carer leave
7Meaning of primary carer
8Entitlement to primary carer leave
9Duration of primary carer leave
10Date of commencement of primary carer leave
11Right of employee to determine date of commencement of primary carer leave
12Right of employer and employee to determine date of commencement of primary carer leave by agreement
Provisions applicable to pregnant employees only
13Right of medical practitioner or midwife to determine date of commencement of primary carer leave
14Right of employer to appoint date of commencement of primary carer leave
15Special leave
16Ability to perform work
Part 2
Partner’s leave
17Entitlement of spouse or partner of primary carer to partner’s leave
18Entitlement of other adoptive parent to partner’s/paternity leave [Repealed]
19Duration of Partner’s leave
19AExtension of partner’s/paternity leave entitlements for spouses or partners of employees in certain circumstances [Repealed]
19ABExtension of partner’s/paternity leave entitlements for spouses or partners of self-employed persons in certain circumstances [Repealed]
19BExtension of partner’s/paternity leave of adoptive parent [Repealed]
20Date of commencement of partner’s leave
21Right of employee to determine date of commencement of partner’s leave
22Right of employer and employee to determine date of commencement of partner’s leave by agreement
Part 3
Extended leave
23Entitlement of employee to extended leave
24Entitlement of adoptive parent to extended leave [Repealed]
25Restriction where 2 or more children born or adopted at one time [Repealed]
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
30Termination of extended leave [Repealed]
Part 3A
Primary carers not eligible for primary carer leave may request negotiated carer leave
30AObject of this Part
Employee’s right to make request
30BEmployee may make request
30CRequirements relating to request
Duties of employer
30DEmployer must notify decision as soon as possible
30EGrounds for refusal of request by employer
Resolving disputes
30FLimitation on challenging employer
30GRole of Labour Inspector
30HLabour Inspectors and mediation
30IApplication to Employment Relations Authority
30JPenalty
Part 3B
COVID-19 response workers
30JARepeal of this Part
30JBRetrospective application of this Part
30JCInterpretation
30JDMeaning of COVID-19 response worker
30JECOVID-19 response work day is not keeping-in-touch day
Parental leave payments
30JFApplication for parental leave payments after period of COVID-19 response work
30JGCOVID-19 response worker must notify temporary return to work if receiving payment
30JHNo payments in relation to period of COVID-19 response work
30JIEnd of parental leave payments
30JJPrimary carer leave need not be for 1 continuous period
30JKPayment need not relate to 1 continuous period
Extended leave
30JLApplicable end date for extended leave
Preterm baby payments
30JMPreterm baby payments
Remuneration and holiday pay for COVID-19 response workers
30JNRemuneration and holiday pay for COVID-19 response workers
Subsequent children
30JOParental leave within 6 months of end of previous period of parental leave in respect of another child
30JPSubsequent parental leave payments
Regulations
30JQRegulations
Department’s discretion in relation to this Part
30JRDepartment’s discretion about irregular applications
Role of Labour Inspectors in relation to this Part
30JSLabour Inspectors may make determinations
Part 4
Requirements concerning notice
31Obligation to notify employer
32Requirements where extended leave sought
33Requirements where primary carer is not biological mother or her spouse or partner
34Incomplete notification
35Failure to notify employer
36Obligation to notify employee
37Requirement where employee wishes to begin primary carer 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]
Part 5
Rights and obligations after commencement of parental leave
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
Part 6
Protection of employment
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
Part 7
Remedies available to employees
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
Role of Labour Inspectors in relation to employees
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
Role of Labour Inspectors in relation to self-employed persons
70GLabour Inspectors may make determinations in respect of self-employed persons
State employees
71Procedures available to State employees
Part 7A
Payment for parental leave
Preliminary provisions
71APurpose
71ABApplication to members of Armed Forces
71BOverview
Interpretation
71CInterpretation of this Part
71CADefinition of eligible employee
71CAACalculation of employee’s average weekly income from work
71CBDefinition of eligible self-employed person
71CBACalculation of self-employed person’s average weekly income from work
71CCMultiple self-employment [Repealed]
71CDReturn to work by self-employed person
Keeping-in-touch days
71CEKeeping-in-touch days
Entitlement to parental leave payment
71DEntitlement to parental leave payments
Entitlement to preterm baby payments
71DAEntitlement to preterm baby payment
71DBAdditional keeping-in-touch hours for primary carers who receive preterm baby payments
Transfer of entitlement to spouse or partner
71EEntitlement may be transferred to spouse or partner
71EAEffect of transfer of entitlement to spouse or partner
Restrictions on parental leave payments
71FSubsequent parental leave payments
71GParental tax credit
71HJoint adoptions [Repealed]
Applications for parental leave payment
71IApplications for payment
71IADiscretion to approve irregular applications
Duration of parental leave payment
71JDuration of parental leave payment
71KStart of parental leave payment
71LEnd of parental leave payment
71LAEnd of parental leave payment for self-employed persons [Repealed]
Amount of parental leave payment
71MAmount of parental leave payment
71NAnnual adjustment of parental leave payment rates
71ODiscretionary increases in payment amount by Order in Council
71OAAnnual adjustment of minimum rates of parental leave payment for self-employed persons [Repealed]
71PAmount of payment not affected by other non-statutory entitlements
Administration
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 [Repealed]
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
Part 8
Miscellaneous provisions
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
73ARegulations are confirmable instruments [Repealed]
74Repeal
75Consequential amendments [Repealed]
76Transitional provisions
77Savings 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
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).