Section 4 — Parental Leave and Employment Protection Act 1987: Application of this Act to employees who have non-statutory rights to parental leave

4 Application of this Act to employees who have non-statutory rights to parental leave (1) Parts 1 to 5 apply to all employees except employees who have rights and benefits in the nature of parental leave that are,— (a) in their overall effect, as favourable to that employee as, or more favourable to that employee than, the rights and benefits provided for in Parts 1 to 5 ; and (b) provided under a comprehensive employment agreement or other arrangement (other than this Act). (2) An employment agreement or other arrangement is comprehensive if it effectively addresses all of the following matters: (a) the conditions of eligibility for any parental leave: (b) the duration of parental leave: (c) the degree of protection provided for the employee's position in the employment of the employer during, and subsequent to, any absence on parental leave: (d) the employer's obligation or lack of an obligation to pay remuneration during the parental leave: (e) the procedural requirements relating to parental leave. (3) The provisions of an employment agreement or other arrangement that is not comprehensive are of no effect in so far as the provisions relate to parental leave. (4) Parts 6 to 7A apply to all employees. Section 4 was amended, as from 15 May 1991, by section 3 Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28) by deleting the words “ award, agreement, or ” . Section 4 was substituted, as from 1 July 2002, by section 9 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).