Parental Leave and Employment Protection Act 1987
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
1 Short Title and commencement (1) This Act may be cited as the Parental Leave and Employment Protection Act 1987. (2) This Act shall come into force on the 1st day of October 1987.
Section Sch-1
1 If a trade or business or an undertaking (whether or not it is an undertaking established by or under an Act) is transferred from one person to another (whether before or after the date of the…
Section 1A — Purpose
1A Purpose The purpose of this Act is to— (a) set minimum entitlements with respect to parental leave for male and female employees; and (b) protect the rights of employees during pregnancy and…
Section 2 — Interpretation
2 Interpretation (1) In this Act, unless the context otherwise requires,— chief executive means the chief executive of the department chief executive: this definition was inserted, as from 1 July…
Section Sch-2
2 If by or under any Act, whether passed before or after the date of the commencement of this Act, a employment agreement between any body corporate and an employee is modified and some other body…
Section 2A — multiple employments generally
2A multiple employments generally An employee's entitlement to rights and benefits in respect of parental leave and parental leave payment must be determined by treating each of the employee's…
Section 2AB — multiple employments of certain medical practitioners
2AB multiple employments of certain medical practitioners (1) This section applies to a medical practitioner who is an employee of a district health board and,— (a) is undertaking training that is…
Section 2B — multiple births or adoptions
2B multiple births or adoptions (1) This section applies for the purpose of— (a) determining a person's entitlement to rights and benefits in respect of parental leave and parental leave payment; and…
Section 2AC — multiple employments of teachers
2AC multiple employments of teachers (1) For the purposes of determining the entitlement of a teacher to rights and benefits in respect of parental leave and parental leave payment, if, during a…
Section 2AD — Concurrent employment and self-employment
2AD Concurrent employment and self-employment (1) This section applies to a person who is an employee and a self-employed person. (2) The person's entitlement to rights and benefits in respect of…
Section 3 — Act to bind the Crown
3 Act to bind the Crown This Act shall bind the Crown. Compare: 1980 No 162 s 3
Section Sch-3
3 If on the death of an employer an employee is taken into the employment of the personal representatives or trustees of the deceased (whether before or after the commencement of this Act),— (a) The…
Section 4 — Application of this Act to employees who have non-statutory rights to parental leave
4 Application of this Act to employees who have non-statutory rights to parental leave (1) Parts 1 to 5 apply to all employees except employees who have rights and benefits in the nature of parental…
Section Sch-4
4 If there is a change (whether before or after the commencement of this Act) in the partners, personal representatives, or trustees who employ any employee,— (a) The employee's period of employment…
Section 5 — 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…
Section Sch-5
5 If (whether before or after the commencement of this Act) an employee of an employer is taken into the employment of another employer who, at the time when the employee enters that other employer's…
Section 6 — Restriction on taking of parental leave within 6 months of end of previous period of parental leave in respect of another child
6 Restriction on taking of parental leave within 6 months of end of previous period of parental leave in respect of another child An employee shall not be entitled to parental leave in respect of a…
Section Sch-6
6 For the purposes of clause 5 of this Schedule, any 2 employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control, or if both are companies…
Section 6A — Treatment of employment with same employer for purposes of determining subsequent parental leave entitlements
6A Treatment of employment with same employer for purposes of determining subsequent parental leave entitlements (1) This section applies if an employee resumes service with the same employer— (a) at…
Section 7 — Entitlement of female employee to maternity leave
7 Entitlement of female employee to maternity leave Except as otherwise provided in this Act, every female employee— (a) Who becomes pregnant; and (b) who, at the expected date of delivery, will have…
Section 8 — Entitlement of adoptive mother to maternity leave
8 Entitlement of adoptive mother to maternity leave (1) Except as otherwise provided in this Act, every female employee— (a) Who assumes (with a view to adoption by her or by her and her spouse or…
Section 9 — Duration of maternity leave
9 Duration of maternity leave (1) Maternity leave must be taken in 1 continuous period not exceeding 14 weeks, subject to subsection (2) . (2) If a female employee begins her maternity leave— (a) On…
Section 10 — Date of commencement of maternity leave
10 Date of commencement of maternity leave Maternity leave shall begin— (a) On the date of confinement; or (b) In the case of adoption, on the date on which the female employee first assumes (with a…
Section 11 — Right of employee to determine date of commencement of maternity leave
11 Right of employee to determine date of commencement of maternity leave Maternity leave may, at the option of the female employee and subject to compliance with section 37 of this Act, begin on a…
Section 12 — Right of employer and employee to determine date of commencement of maternity leave by agreement
12 Right of employer and employee to determine date of commencement of maternity leave by agreement Maternity leave may, by agreement between the female employee and her employer, begin on any date…
Section 13 — Right of medical practitioner or midwife to determine date of commencement of maternity leave
13 Right of medical practitioner or midwife to determine date of commencement of maternity leave (1) If a medical practitioner or midwife considers that the female employee, being pregnant, should…
Section 14 — Right of employer to appoint date of commencement of maternity leave
14 Right of employer to appoint date of commencement of maternity leave Where, by reason of pregnancy, a female employee is unable to perform her work to the safety of herself or others or is…
Section 15 — Special leave
15 Special leave (1) A female employee who is pregnant is entitled, before taking maternity leave, to take a total of up to 10 days special leave without pay for reasons connected with her pregnancy.…
Section 16 — Ability to perform work
16 Ability to perform work Where, by reason of pregnancy, a female employee is unable to perform her work to the safety of herself or others or is incapable of performing her work adequately, her…
Section 17 — Entitlement of employee to partner's/paternity leave
17 Entitlement of employee to partner's/paternity leave Except as otherwise provided in this Act, every employee— (a) Who is the spouse or partner of a pregnant woman; and (b) Who assumes or intends…
Section 18 — Entitlement of other adoptive parent to partner's/paternity leave
18 Entitlement of other adoptive parent to partner's/paternity leave (1) Except as otherwise provided by this Act, every employee— (a) Who assumes (with a view to adoption by that employee or by that…
Section 19 — Duration of partner's/paternity leave
19 Duration of partner's/paternity leave Partner's/paternity leave must be taken in 1 continuous period not exceeding— (a) 2 weeks if section 17(c)(i) or section 18(1)(b)(i) applies to the employee;…
Section 19A — Extension of partner's/paternity leave entitlements for spouses or partners of employees in certain circumstances
19A Extension of partner's/paternity leave entitlements for spouses or partners of employees in certain circumstances (1) This section applies if— (a) an employee ( employee A ) is entitled to— (i)…
Section 19AB — Extension of partner's/paternity leave entitlements for spouses or partners of self-employed persons in certain circumstances
19AB Extension of partner's/paternity leave entitlements for spouses or partners of self-employed persons in certain circumstances (1) This section applies if— (a) a self-employed person is entitled…
Section 19B — Extension of partner's/paternity leave of adoptive parent
19B Extension of partner's/paternity leave of adoptive parent (1) This section applies if section 18(1)(b)(ii) applies to an employee and he or she— (a) assumes alone, with a view to adoption, the…
Section 20 — Date of commencement of partner's/paternity leave
20 Date of commencement of partner's/paternity leave Partner's/paternity leave shall begin— (a) On the date of confinement of the employee's spouse or partner; or (b) In the case of adoption, on the…
Section 21 — Right of employee to determine date of commencement of partner's/paternity leave
21 Right of employee to determine date of commencement of partner's/paternity leave Partner's/paternity leave may, at the option of the employee, begin— (a) On any date in the period— (i) Beginning…
Section 22 — Right of employer and employee to determine date of commencement of partner's/paternity leave by agreement
22 Right of employer and employee to determine date of commencement of partner's/paternity leave by agreement Partner's/paternity leave may, by agreement between the employee and his or her employer,…
Section 23 — Entitlement of employee to extended leave
23 Entitlement of employee to extended leave Except as otherwise provided in this Act, and subject to sections 25 to 30 of this Act, every employee— (a) Who— (i) Gives birth to a child and assumes or…
Section 24 — Entitlement of adoptive parent to extended leave
24 Entitlement of adoptive parent to extended leave (1) Except as otherwise provided in this Act, and subject to sections 25 to 30 of this Act, every employee— (a) Who assumes (with a view to…
Section 25 — Restriction where two or more children born or adopted at one time
25 Restriction where two or more children born or adopted at one time [Repealed] Section 25 was repealed, as from 1 July 2002, by section 8(2) Parental Leave And Employment Protection (Paid Parental…
Section 26 — Duration of extended leave
26 Duration of extended leave (1) Subject to subsections (2) and (4) of this section and to sections 27 to 30 of this Act, extended leave may be taken by the employee and the employee's spouse or…
Section 27 — Extended leave to be shared between parents
27 Extended leave to be shared between parents (1) Subject to the provisions of this Act, where an employee and that employee's spouse or partner are both entitled to extended leave pursuant to…
Section 28 — Extended leave may be taken consecutively or concurrently with other parent's leave or parental leave payments
28 Extended leave may be taken consecutively or concurrently with other parent's leave or parental leave payments Subject to the provisions of this Act, where an employee takes a period of extended…
Section 29 — Date of commencement of extended leave
29 Date of commencement of extended leave Except as otherwise provided by section 27 or section 30 of this Act, extended leave shall begin,— (a) In the case of a female employee who has taken…
Section 30 — Termination of extended leave
30 Termination of extended leave Notwithstanding anything contained in any other provision of this Act, no employee shall be entitled to commence or continue any period of extended leave under this…
Section 31 — Obligation to notify employer
31 Obligation to notify employer (1) An employee who wishes to take parental leave under this Act shall give written notice to the employee's employer of the employee's wish to take that leave. (2)…
Section 32 — Requirements where extended leave sought
32 Requirements where extended leave sought Where any notice is given in accordance with section 31 of this Act by an employee wishing to take any period of extended leave under this Act, that notice…
Section 33 — Requirements where child to be adopted
33 Requirements where child to be adopted Where the employee is proposing to adopt a child, the notice required to be given by section 31(1) of this Act shall,— (a) Where the placing of the child in…
Section 34 — Incomplete notification
34 Incomplete notification (1) Where any employee gives a written notice to the employee's employer stating that the employee wishes to take parental leave under this Act and any of the provisions of…