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StatuteParental Leave and Employment Protection Act 1987

Section 19A — Parental Leave and Employment Protection Act 1987: Extension of partner's/paternity leave entitlements for spouses or partners of employees in certain circumstances

Text of the provision Official document

19A Extension of partner's/paternity leave entitlements for spouses or partners of employees in certain circumstances (1) This section applies if— (a) an employee ( employee A ) is entitled to— (i) maternity leave under section 7(b) or section 8(1)(b) ; or (ii) partner's/paternity leave under section 18(1)(b) ; and (b) employee A's spouse or partner ( employee B ) is entitled to partner's/paternity leave under section 17(c)(ii) or 18(1)(b)(ii) ; and (c) employee A transfers all or part of his or her entitlement to parental leave payments to employee B under section 71E . (2) Employee B's entitlement to partner's/paternity leave is extended so that it is the same as the period of parental leave payments transferred to him or her. (3) However, if section 7(b)(ii) or section 8(1)(b)(ii) or section 18(1)(b)(ii) applies to employee A, the total period formed by adding together maternity leave or partner's/paternity leave taken by employee A and extended partner's/paternity leave taken by employee B may not exceed 14 weeks. (4) The taking by employee B of partner's/paternity leave under section 19 does not reduce the leave entitlements of either employee under subsection (3) . Sections 19A and 19B were inserted, as from 1 December 2004, by section 14 Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89). See section 4 of that Act for the application of this amendment. See section 23 of that Act for the transitional provision relating to the giving of notice. The heading to section 19A was amended, as from 1 July 2006, by section 46 Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20) by inserting the words “ for spouses or partners of employees ” after the word “ entitlements ” . See section 5 of that Act for the application of this amendment. Subsection (1)(b) was amended, as from 26 April 2005, by section 8 Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18) by inserting the words “ or partner ” after the word “ spouse ” . Subsection (3) was amended, as from 1 December 2005, by section 29 Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89) by substituting the words “ 14 weeks ” for the words “ 13 weeks ” . See section 26 of that Act for the application of this amendment.

Official source: legislation.govt.nz

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