Section 71C — Parental Leave and Employment Protection Act 1987: Interpretation of this Part

71C Interpretation of this Part In this Part, unless the context otherwise requires,— eligible employee has the meaning given in section 71CA eligible employee: this definition was substituted, as from 1 July 2006, by section 22(2) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment. eligible self-employed person has the meaning given in section 71CB eligible self-employed person: this definition was inserted, as from 1 July 2006, by section 22(1) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment. employee's average weekly earnings means the total of the amounts in respect of all the employments from which the employee takes parental leave as an eligible employee and is determined as follows (a) for an employee to whom— (i) section 7(b)(i) , 8(1)(b)(i) , 17(c)(i) , or 18(1)(b)(i) applies, it means one fifty-second of the employee's gross earnings during the year ending with the expected date of delivery (or, in the case of adoption, the date on which the employee assumes the care of the child with a view to adoption); or (ii) section 7(b)(ii) , 8(1)(b)(ii) , 17(c)(ii) , or 18(1)(b)(ii) applies, it means one twenty-sixth of the employee's gross earnings during the 6 months ending with the expected date of delivery (or, in the case of adoption, the date on which the employee assumes the care of the child with a view to adoption); but (b) if section 72A also applies to the employee, the divisor of 52 or 26 must be reduced by the number of complete weeks during which the employee was absent from work on leave without pay in a circumstance described in subsection (2) of that section employee's average weekly earnings: this definition was inserted, as from 1 July 2006, by section 22(1) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment. net income has the same meaning as in section YA 1 of the Income Tax Act 2007, and includes a distribution from a trust non-statutory parental leave means any rights and benefits in the nature of parental leave for which provision is made otherwise than by this Act ordinary weekly pay means the total of the amounts of ordinary weekly pay in respect of all the employments from which the employee takes parental leave as an eligible employee and is determined on the basis of section 8 of the Holidays Act 2003 ordinary weekly pay: this definition was inserted, as from 1 July 2006, by section 22(1) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment. parental leave , in relation to an employee, includes non-statutory parental leave. parental leave: this definition was substituted, as from 1 July 2006, by section 22(2) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment. self-employed person's average weekly earnings means the total of the net income in respect of all the work from which the self-employed person takes parental leave as an eligible self-employed person and is determined as follows (a) for a self-employed person who has been self-employed for at least an average of 10 hours a week over— (i) the 12 months immediately preceding the expected date of delivery (or, in the case of adoption, the date on which the self-employed person assumes the care of the child with a view to adoption), it means one fifty-second of the self-employed person's net income during that period; or (ii) the 6 months immediately preceding the expected date of delivery (or, in the case of adoption, the date on which the self-employed person assumes the care of the child with a view to adoption), it means one twenty-sixth of the self-employed person's net income during that period; but (b) the divisor of 52 or 26 must be reduced by the number of complete weeks during which the self-employed person was not working in a circumstance described in section 71CB(lA) self-employed person's average weekly earnings: this definition was inserted, as from 1 July 2006, by section 22(1) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment. The reference to section 71CB(1A) in paragraph (b) of this definition is apparently in error as there is no subsection (1A) in section 71CB . Part 7A (comprising sections 71A to 71ZA) was inserted, as from 1 July 2002, by section 4(2) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7). net income: this definition was inserted, as from 1 July 2006, by section 22(1) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment. Section 71C net income : amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).