4 Purpose

The purpose of this Act is to extend the duration of maternity leave, paternity leave, extended leave, and the parental leave payment to a maximum of 26 weeks in respect of a person who gives birth—

(a) to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children; or

(b) to 1 or more surviving children before 37 weeks of gestation; or

(c) to a child whose impairment would entitle the person to a government-funded disability support service.

Clause 5

Replace clause 5 with:

5 Section 71J amended (Duration of parental leave payment)

(1) In section 71J(b), replace “16 weeks.” with “16 weeks; or” and after paragraph (b), insert:

“(c) for 22 weeks in respect of a person who gives birth—

“(i) to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children; or

“(ii) to 1 or more children before 37 weeks of gestation, where the child or children survive birth for the duration of the parental leave payment; or

“(iii) to a child whose impairment would entitle the person to a government-funded disability support service.”

(2) Replace section 71J(c) with:

“(c) for 26 weeks in respect of a person who gives birth—

“(i) to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children; or

“(ii) to 1 or more children before 37 weeks of gestation, where the child or children survive birth for the duration of the parental leave payment; or

“(iii) to a child whose impairment would entitle the person to a government-funded disability support service.”

New clause 6

In new clause 6(1), replace “Replace ‘16 weeks’ with ‘22 weeks’ in the following provisions:” with “In the following provisions, 16 weeks means 16 weeks, or in respect of a person who gives birth either to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children, or to 1 or more children before 37 weeks of gestation where the child or children survive birth for the duration of the parental leave payment, or to a child whose impairment would entitle the person to a government-funded disability support service, 22 weeks:”.

In new clause 6(2), replace “Replace ‘22 weeks’ with ‘26 weeks’ in the following provisions:” with “In the following provisions, 16 weeks means 16 weeks, or in respect of a person who gives birth either to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children, or to 1 or more children before 37 weeks of gestation where the child or children survive birth for the duration of the parental leave payment, or to a child whose impairment would entitle the person to a government-funded disability support service, 26 weeks:”.

Delete new clause 6(3) and (4).

New clause 7

In new clause 7(1), replace “In the Parental Leave and Employment Protection Regulations 2002, replace ‘16 weeks’ with ‘22 weeks’ in the following provisions:” with “In the following provisions of the Parental Leave and Employment Protection Regulations 2002, 16 weeks means 16 weeks, or in respect of a person who gives birth either to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children, or to 1 or more children before 37 weeks of gestation where the child or children survive birth for the duration of the parental leave payment, or to a child whose impairment would entitle the person to a government-funded disability support service, 22 weeks:”.

In new clause 7(2), replace “In the Parental Leave and Employment Protection Regulations 2002, replace ‘22 weeks’ with ‘26 weeks’ in the following provisions:” with “In the following provisions of the Parental Leave and Employment Protection Regulations 2002, 16 weeks means 16 weeks, or in respect of a person who gives birth either to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children, or to 1 or more children before 37 weeks of gestation where the child or children survive birth for the duration of the parental leave payment, or to a child whose impairment would entitle the person to a government-funded disability support service, 26 weeks:”.

Explanatory note

This Supplementary Order Paper amends Supplementary Order Paper No 472 to restrict the extension of paid parental leave to 26 weeks to parents who have 2 or more children as a result of 1 pregnancy, to those whose pregnancy results in a live birth before 37 weeks of gestation, and to those who have a child whose impairment would entitle the parents to a government-funded disability support service.

Sort by

Parental Leave and Employment Protection (Six Months' Paid Leave) Amendment Bill - Amendment paper No 015