Section 71L — Parental Leave and Employment Protection Act 1987: End of parental leave payment for employees
Text of the provision Official document
71L End of parental leave payment for employees (1) A parental leave payment is payable to an employee for a period that ends on the earlier of— (a) 14 weeks after the date of commencement of his or her parental leave; or (b) the date on which he or she returns to work or resigns from his or her employment. (2) Subsection (1) applies despite the fact that the employee's parental leave may end before that date if— (a) the employee's employment is terminated due to redundancy or dismissal for cause: (b) the employee has a miscarriage or ceases to have the care of the child: (c) the employee or the child dies. (3) However, the period for which a parental leave payment is payable to an employee terminates earlier than the date referred to in subsection (1) — (a) if the employee takes parental leave only from fixed term employment (within the meaning of section 66 of the Employment Relations Act 2000 ), in which case the payment stops on the date on which fixed term employment ends; or (b) if the employee's spouse or partner succeeds to the parental leave payment entitlement under section 72B , in which case the payment to the employee stops on the date of succession. (4) This section is subject to section 71EA (effect of transfer of entitlement to spouse or partner). 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). The heading to section 71L was amended, as from 1 July 2006, by section 34(1) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20) by adding the words “ for employees ” . See section 5 of that Act for the application of this amendment. Subsection (1)(a) was amended, as from 1 December 2004, by section 20 Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89) by substituting the expression “ 13 weeks ” for the expression “ 12 weeks ” . 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 (1)(a) was amended, as from 1 December 2005, by section 33 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. Subsection (3)(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)(b) was amended, as from 1 July 2006, by section 34(2) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20) by substituting the expression “ section 72B ” for the expression “ section 39A ” . See section 5 of that Act for the application of this amendment. Subsection (4) was amended, as from 1 July 2006, by section 34(3) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20) by substituting the words “ 71EA (effect of transfer of entitlement to spouse or partner) ” for the words “ 71E(3) (effect of transfers of entitlement) ” . See section 5 of that Act for the application of this amendment.
Official source: legislation.govt.nz
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