Section 72B — Parental Leave and Employment Protection Act 1987: Succession to spouse's or partner's entitlements

72B Succession to spouse's or partner's entitlements (1) A spouse or partner of an employee may succeed to the employee's rights to parental leave and to a parental leave payment under this Act if, at any time after the employee gives notice to his or her employer of a wish to take parental leave,— (a) the employee dies; or (b) the spouse or partner becomes the sole guardian of the child, to the exclusion of the employee. (2) The spouse or partner of a self-employed person may succeed to the self-employed person's rights to a parental leave payment under this Act if, at any time after the self-employed person commences parental leave,— (a) the self-employed person dies; or (b) the spouse or partner becomes the sole guardian of the child, to the exclusion of the self-employed person. (3) However, the spouse or partner may succeed only if he or she is— (a) an employee, and— (i) meets the criteria for parental leave under any of sections 7(b) , 8(1)(b) , 17(c) , 18(1)(b) , 23(b) , or 24(1)(b) ; and (ii) gives reasonable notice to his or her employer, and to the department (if the employee had applied for a parental leave payment under Part 7A ), of his or her wish to succeed under this section; or (b) an eligible self-employed person under section 71CB and gives reasonable notice to the department of his or her wish to succeed to a parental leave payment under this section. (4) A succession under this section is treated, for the purpose of Part 7A , as if it were a transfer under section 71E , and that Part applies with necessary modifications. Sections 72B to 72D were inserted, as from 1 July 2006, by section 44 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.