Section 5 — Parental Leave and Employment Protection Act 1987: Restriction on parental leave under this Act where employee or employee's spouse or partner takes parental leave under any other provision

5 Restriction on parental leave under this Act where employee or employee's spouse or partner takes parental leave under any other provision Nothing in this Act shall entitle an employee otherwise entitled to any period of parental leave under this Act to take a period of parental leave under this Act which, when aggregated with any rights and benefits in the nature of parental leave taken or proposed to be taken by that employee's spouse or partner under any Act other than this Act or under any employment agreement, would exceed the total period of parental leave to which that employee and that employee's spouse or partner would be entitled by virtue of this Act if the provisions of this Act regarding maternity leave, partner's/paternity leave, and extended leave were to apply to both that employee and that employee's spouse or partner. The heading to section 5 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 ” . Section 5 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 5 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 ” . Section 5 was amended, as from 1 July 2002, by section 22 of that Act by substituting the words “ employment agreement ” for the words “ contract of employment ” . Section 5 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 ” wherever it appears.