Parental Leave and Employment Protection Act 1987
Sections and provisions with full text and the judgments that cite each one.
Section 35 — Failure to notify employer
35 Failure to notify employer (1) Subject to section 68 of this Act, where an employee fails to give notice under section 31(1) of this Act within the time required by section 31(3) or section 33 of…
Section 36 — Obligation to notify employee
36 Obligation to notify employee (1) Subject to subsection (2) of this section, every employer who receives a notice under section 31(1) of this Act shall, within 21 days after the receipt of the…
Section 37 — Requirement where female employee wishes to commence maternity leave early
37 Requirement where female employee wishes to commence maternity leave early A female employee,— (a) Who has given a notice that she wishes to take parental leave under this Act; and (b) Who intends…
Section 38 — Employer's notice in relation to return to work and preference for appointment
38 Employer's notice in relation to return to work and preference for appointment Within 21 days after the beginning of an employee's parental leave, the employer of the employee shall give to the…
Section 39 — Employee's notice in relation to return to work
39 Employee's notice in relation to return to work (1) Every employee who is on parental leave and whose position is being kept open by the employer, shall, not later than 21 days before the date on…
Section 39A — Succession to employee's entitlements
39A Succession to employee's entitlements [Repealed] Section 39A was inserted, as from 1 July 2002, by section 12 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002…
Section 40 — Presumption that employee's position can be kept open in the case of first period of parental leave not exceeding 4 weeks
40 Presumption that employee's position can be kept open in the case of first period of parental leave not exceeding 4 weeks (1) Where an employee takes a continuous period of parental leave— (a)…
Section 41 — Presumption that employee's position can be kept open in the case of other periods of parental leave
41 Presumption that employee's position can be kept open in the case of other periods of parental leave (1) Where an employee takes a period of parental leave (other than a period of parental leave…
Section 42 — Employer's obligations in respect of remuneration and holiday pay
42 Employer's obligations in respect of remuneration and holiday pay (1) Subject to subsections (2) and (3) of this section, the employer of an employee who takes any form of parental leave in…
Section 43 — Continuity of employment
43 Continuity of employment Where an employee resumes service with the same employer at the end of a period of parental leave or while the employee is entitled, following parental leave, to…
Section 44 — Contributions to superannuation schemes
44 Contributions to superannuation schemes Nothing in section 43(b)(ii) of this Act shall— (a) Entitle an employee to have any period counted as service for the purposes of a superannuation scheme if…
Section 45 — Early ending and extension of parental leave
45 Early ending and extension of parental leave (1) Subject to compliance with section 39(2) of this Act, an employee who is on parental leave may,— (a) If the employee or the employee's spouse or…
Section 46 — Failure to return to work
46 Failure to return to work If an employee who takes up parental leave and whose position is kept open by the employer— (a) Fails, without good cause, to return to work at the end of that period of…
Section 47 — Failure to accept employment
47 Failure to accept employment If an employee who has taken parental leave fails, without reasonable excuse, to take up, on the date specified by the employer or within 7 days thereafter, any…
Section 48 — Workers employed to replace employees on parental leave
48 Workers employed to replace employees on parental leave Where a temporary employee is employed to replace an employee who is on parental leave, the employer shall, before employing the temporary…
Section 49 — Dismissal by reason of pregnancy or parental leave prohibited
49 Dismissal by reason of pregnancy or parental leave prohibited (1) No employer shall terminate the employment of any employee— (a) By reason of, in the case of a female employee,— (i) Her…
Section 50 — Special defences relating to dismissal
50 Special defences relating to dismissal Where— (a) It is alleged in any proceedings under this Act that an employer has, in contravention of section 49(1) of this Act, terminated the employment of…
Section 51 — Special defences relating to dismissal during parental leave
51 Special defences relating to dismissal during parental leave Where the termination is proved to have taken place during the employee's absence on parental leave, it shall be a defence for the…
Section 52 — Special defence relating to dismissal during the 26 weeks following parental leave
52 Special defence relating to dismissal during the 26 weeks following parental leave Where the termination of employment is proved to have taken place during the period of 26 weeks beginning with…
Section 53 — Redundancy payments not affected
53 Redundancy payments not affected Nothing in this Act shall affect any redundancy payment payable pursuant to the provisions of any Act or of any order or employment agreement. Compare: 1980, No…
Section 54 — Dismissal for cause not affected
54 Dismissal for cause not affected Nothing in this Act shall affect any right of an employer to dismiss an employee for a substantial reason not related to— (a) the pregnancy of the employee or the…
Section 55 — Interim order
55 Interim order (1) Where any employee alleges that the employee's employer has, within the preceding 2 months and in contravention of section 49(1) of this Act, terminated the employee's employment…
Section 56 — Parental leave complaints
56 Parental leave complaints (1) Where any employee alleges that the employee's employer— (a) Is not justified in stating, in the notice given to the employee under section 36 of this Act, that the…
Section 57 — Procedures for settlement of parental leave complaints
57 Procedures for settlement of parental leave complaints (1) The procedures for the settlement of a parental leave complaint shall be in accordance with this section and sections 58 to 67 of this…
Section 58 — Power to refer complaint to Employment Relations Authority
58 Power to refer complaint to Employment Relations Authority (1) Where a parental leave complaint is not disposed of between the parties, it may be referred to the Employment Relations Authority.…
Section 59 — Role of institutions
59 Role of institutions Where any parental leave complaint comes before the Employment Relations Authority, sections 177 to 184 of the Employment Relations Act 2000 apply in relation to that parental…
Section 60 — Decisions
60 Decisions [Repealed] Section 60 was repealed, as from 15 May 1991, by section 7 Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).
Section 61 — Appeals to Labour Court in respect of decision of complaint committee
61 Appeals to Labour Court in respect of decision of complaint committee [Repealed] Section 61 was repealed, as from 15 May 1991, by section 7 Parental Leave and Employment Protection Amendment Act…
Section 62 — Appeals to Court of Appeal on question of law
62 Appeals to Court of Appeal on question of law [Repealed] Section 62 was repealed, as from 15 May 1991, by section 7 Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).
Section 63 — Court of Appeal may refer appeals back for reconsideration
63 Court of Appeal may refer appeals back for reconsideration [Repealed] Section 63 was repealed, as from 15 May 1991, by section 7 Parental Leave and Employment Protection Amendment Act 1991 (1991…
Section 64 — Duty to promote settlement
64 Duty to promote settlement It shall be the duty of every party to a parental leave complaint— (a) To promote the settlement of the complaint under the procedures provided in sections 57 to 67 of…
Section 65 — Remedies
65 Remedies In the case of any alleged breach of any of the provisions of this Act, any decision made for the purposes of this Act may, if it includes a finding that any of the provisions of this Act…
Section 66 — Reinstatement
66 Reinstatement Where the remedy of reinstatement is provided by the Employment Relations Authority or the Employment Court, the employee must be reinstated immediately or on such date as is…
Section 67 — Power to refer complaint to Labour Court
67 Power to refer complaint to Labour Court [Repealed] Section 67 was repealed, as from 15 May 1991, by section 9 Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).
Section 68 — Non-compliance with formal requirements
68 Non-compliance with formal requirements (1) An employer must not unreasonably refuse to allow an employee to exercise any rights and benefits in respect of parental leave or a parental leave…
Section 69 — Penalties
69 Penalties [Repealed] Section 69 was repealed, as from 15 May 1991, by section 9 Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).
Section 70 — Enforcement of judgments
70 Enforcement of judgments (1) A certificate under the hand of the Registrar of the Court, specifying the amount payable under any order for the payment of money made under this Act by the Court,…
Section 70A — Labour Inspectors may make determinations in respect of employees
70A Labour Inspectors may make determinations in respect of employees (1) A Labour Inspector may— (a) determine, if the employee and employer fail to agree, whether an employee will have been in the…
Section 70B — Demand notice
70B Demand notice (1) A Labour Inspector may serve on an employer a demand notice, in the prescribed form, if— (a) either— (i) an employee makes a complaint to the Labour Inspector that an employer…
Section 70C — Objections to determination or demand notice
70C Objections to determination or demand notice (1) An employer or an employee may lodge with the Employment Relations Authority an objection to a determination or a demand notice. (2) An objection…
Section 70D — Consequences of demand notice
70D Consequences of demand notice The consequences of a demand notice are that it— (a) imposes a legal requirement on the employer to comply with it; and (b) is prima facie evidence that the employee…
Section 70E — Authority to determine entitlement to parental leave on objection
70E Authority to determine entitlement to parental leave on objection The function of the Employment Relations Authority in respect of an objection is to determine whether or not the employee has the…
Section 70F — Withdrawal of demand notice
70F Withdrawal of demand notice A demand notice may be withdrawn at any time by a Labour Inspector, but the withdrawal of a demand notice does not prevent another demand notice being served in…
Section 70G — Labour Inspectors may make determinations in respect of self-employed persons
70G Labour Inspectors may make determinations in respect of self-employed persons (1) A Labour Inspector may, if requested by the department,— (a) determine whether a self-employed person will have…
Section 71 — Procedures available to State employees
71 Procedures available to State employees Nothing in this Act shall limit the procedures by which State employees may enforce their conditions of employment and those procedures may be used, where…
Section 71A — Purpose
71A Purpose The purpose of this Part is to entitle certain employees and self-employed persons to up to 14 weeks of parental leave payments out of public money when they take parental leave. Part 7A…
Section 71CA — Definition of eligible employee
71CA Definition of eligible employee (1) In this Part, eligible employee means— (a) a female employee who meets the criteria for maternity leave for the child under section 7 ; or (b) an employee who…
Section 71DA — Entitlement to parental leave payment for self-employed persons
71DA Entitlement to parental leave payment for self-employed persons (1) A self-employed person is entitled to a parental leave payment under this Part if the person is— (a) an eligible self-employed…
Section 71EA — Effect of transfer of entitlement to spouse or partner
71EA Effect of transfer of entitlement to spouse or partner To the extent that an employee or a self-employed person transfers all or part of his or her entitlement to a parental leave payment to his…
Section 71IA — Discretion to approve irregular applications
71IA Discretion to approve irregular applications (1) The department may approve the making of a parental leave payment to an employee or a self-employed person despite an irregularity in his or her…