Section 71M — Parental Leave and Employment Protection Act 1987: Amount of parental leave payment

71M Amount of parental leave payment (1) The rate of parental leave payment payable to any employee is the lesser of— (a) $325 per week (or any adjusted amount set under section 71N or any other amount set under section 71O ); and (b) the greater of— (i) 100% of the employee's ordinary weekly pay before the commencement of the parental leave; and (ii) 100% of the employee's average weekly earnings. (1A) The rate of parental leave payment payable to any self-employed person is the lesser of— (a) $357.30 per week (or any adjusted amount set under section 71N or any other amount set under section 71O ); and (b) the greater of— (i) 100% of the self-employed person's average weekly earnings; and (ii) the minimum amount of parental leave payment for a self-employed person set under section 71OA . (1B) The rate of parental leave payment payable to a person who is eligible for a parental leave payment as an employee and also as a self-employed person may not exceed $357.30 per week (or any adjusted amount set under section 71N or any other amount set under section 71O ), despite subsections (1) and (1A) . (2) [Repealed] Part 7A (comprising sections 71A to 71ZA) was inserted, as from 1 July 2002, by section 4(2) Parental Leave And Employment Protection (Paid Parental Leave)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). Subsection (1)(a) was amended, as from 1 July 2006, by section 36(1) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20) by substituting the expression “ ; and ” for the expression “ ; or ” . See section 5 of that Act for the application of this amendment. Subsection (1)(b)(i) was amended, as from 1 April 2004, by section 91(2) Holidays Act 2003 (2003 No 129) by substituting the words “ ordinary weekly pay ” for the words “ ordinary pay ” . Subsection (1)(b)(i) was amended, as from 1 July 2006, by section 36(2) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20) by substituting the expression “ ; and ” for the expression “ ; or ” . See section 5 of that Act for the application of this amendment. Subsections (1A) and (1B) were inserted, as from 1 July 2006, by section 36(3) 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. Subsection (2) average weekly earnings and ordinary weekly pay: this definition was substituted for the definition of average weekly earnings and ordinary pay, as from 1 April 2004, by section 91(2) Holidays Act 2003 (2003 No 129). average weekly earnings: this definition was substituted, as from 1 December 2004, by section 21 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 (2) ordinary weekly pay: this definition was substituted for the definition of ordinary pay, as from 1 April 2004, by section 91(2) Holidays Act 2003 (2003 No 129). Subsection (2) was repealed, as from 1 July 2006, by section 36(4) 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.