Section 45 — Parental Leave and Employment Protection Act 1987: Early ending and extension of parental leave

45 Early ending and extension of parental leave (1) Subject to compliance with section 39(2) of this Act, an employee who is on parental leave may,— (a) If the employee or the employee's spouse or partner suffers a miscarriage; or (b) If the child is stillborn or dies; or (c) If the employee or the employee's spouse or partner has consented to the adoption of the child and some other person has the care of the child with a view to its adoption; or (d) If the employee ceases to have care of the child in respect of whom the parental leave is taken; or (e) If the employer consents,— choose— (f) Where the employee's position is being kept open by the employer, to end the parental leave by returning to work before the date on which the employee is required to return to work at the end of the parental leave; or (g) In any other case, to end the parental leave and begin the period of preference. (2) Where a female employee is on maternity leave under section 7 of this Act, an employer may, in giving consent under subsection (1)(e) of this section, make it conditional on the female employee giving to the employer, before the female employee ends her maternity leave under subsection (1)(f) or subsection (1)(g) of this section, a certificate from a medical practitioner to the effect that the female employee is fit to return to work. (3) Subject to subsection (4) of this section, an employee who is on parental leave may, if the employer consents, extend the parental leave until a specified date which shall thereafter be the date on which the employee's parental leave will end. (4) Without limiting any right of an employee to take a period of leave otherwise than by virtue of this Act, and subject to section 9(2) of this Act, nothing in subsection (3) of this section shall entitle an employee to extend any period of parental leave with the result that,— (a) In the case of a period of maternity leave, the period of maternity leave exceeds 14 weeks: (b) in the case of a period of partner's/paternity leave, the duration of partner's/paternity leave exceeds— (i) 2 weeks if section 17(c)(i) or section 18(1)(b)(i) applies to the employee; or (ii) 1 week if section 17(c)(ii) or section 18(1)(b)(ii) applies to the employee. (c) In the case of a period of extended leave, the period of extended leave, when aggregated with— (i) All maternity leave (other than maternity leave in excess of 14 weeks taken under section 9(2) of this Act) and extended leave taken or proposed to be taken by the employee or the employee's spouse or partner under this Act; and (ii) All leave (excluding partner's/paternity leave) taken or proposed to be taken by the employee or the employee's spouse or partner under any other Act or under any employment agreement,— exceeds 52 weeks. Compare: 1980 No 162 s 19 Subsection (1)(a) and (c) 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 (2) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “ registered ” . See sections 178 to 227 of that Act as to the transitional provisions. Subsection (4) was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the words “ partner's/paternity leave ” for the words “ paternity leave ” wherever they occur. Subsection (4)(b) was substituted, as from 1 December 2004, by section 16 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. Subsection (4)(c)(i) 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 (4)(c)(ii) 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 ” . Subsection (4)(c)(ii) was amended, as from 1 July 2002, by section 22 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the words “ employment agreement ” for the words “ contract of employment ” . Subsection (4)(c)(ii) 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 ” .