Parental Leave and Employment Protection Act 1987
Sections and provisions with full text and the judgments that cite each one.
Section 71LA — End of parental leave payment for self-employed persons
71LA End of parental leave payment for self-employed persons (1) A parental leave payment is payable to a self-employed person for a period that ends on the earliest of— (a) 14 weeks after the date…
Section 71OA — Annual adjustment of minimum rates of parental leave payment for self-employed persons
71OA Annual adjustment of minimum rates of parental leave payment for self-employed persons The minimum rate of parental leave payment that applies under section 71M(1A)(b)(ii) must be set, by Order…
Section 71ZA — Chief executive may delegate
71ZA Chief executive may delegate (1) The chief executive may delegate the administration of all or any part of this Part to 1 or more persons. (2) The delegation must be in writing. (3) Section 41…
Section 71B — Overview
71B Overview (1) Section 71A and this section are preliminary provisions relating to the parental leave scheme. (2) Sections 71C to 71 CD are interpretation provisions for this Part. (3) Sections 71D…
Section 71CB — Definition of eligible self-employed person
71CB Definition of eligible self-employed person (1) In this Part, eligible self-employed person means— (a) a female self-employed person who— (i) becomes pregnant; and (ii) at the expected date of…
Section 71ZB — Review of department's decisions about parental leave payment
71ZB Review of department's decisions about parental leave payment (1) An employee or a self-employed person may apply to the Employment Relations Authority for a review of a decision made by the…
Section 71C — Interpretation of this Part
71C Interpretation of this Part In this Part, unless the context otherwise requires,— eligible employee has the meaning given in section 71CA eligible employee: this definition was substituted, as…
Section 71CC — Multiple self-employment
71CC Multiple self-employment (1) This section applies for the purposes of determining the rights, in relation to a parental leave payment, of a person who is engaged in more than 1 type of work on a…
Section 71CD — Return to work by self-employed person
71CD Return to work by self-employed person In this Part, a self-employed person is not to be treated as having returned to work because he or she— (a) receives income for work done before the period…
Section 71D — Entitlement to parental leave payment for employees
71D Entitlement to parental leave payment for employees (1) An employee is entitled to a parental leave payment under this Part if the employee— (a) has given written notice to his or her employer of…
Section 71E — Entitlement may be transferred to spouse or partner
71E Entitlement may be transferred to spouse or partner (1) An eligible employee (within the meaning of section 71CA(1)(a) or (b) ) or an eligible self-employed person may transfer all or part of his…
Section 71F — Subsequent parental leave payments
71F Subsequent parental leave payments (1) An employee is not entitled to a parental leave payment if— (a) section 6 applies (restriction on taking of parental leave within 6 months of end of…
Section 71G — Parental tax credit
71G Parental tax credit (1) The purpose of this section is to ensure that an employee or a self-employed person does not receive both a parental leave payment under this Part and a parental tax…
Section 71H — Joint adoptions
71H Joint adoptions (1) If 2 spouses or partners assume the care of a child with a view to adoption by them both jointly,— (a) the spouses or partners must jointly nominate which 1 of them is to be…
Section 71I — Applications for payment
71I Applications for payment (1) An employee or self-employed person is not entitled to a parental leave payment unless the employee or self-employed person makes an application for payment in…
Section 71J — Duration of parental leave payment
71J Duration of parental leave payment A parental leave payment is payable— (a) for 1 continuous period not exceeding 14 weeks; or (b) if part of the entitlement is transferred under section 71E ,…
Section 71K — Start of parental leave payment
71K Start of parental leave payment (1) A parental leave payment is payable to an employee for a period that begins on the date of commencement of his or her parental leave. (2) A parental leave…
Section 71L — End of parental leave payment for employees
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…
Section 71M — 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…
Section 71N — Annual adjustment of maximum rates of parental leave payment
71N Annual adjustment of maximum rates of parental leave payment (1) The rate of parental leave payment that applies under section 71M(1)(a) and section 71M(1A)(a) must be adjusted, by Order in…
Section 71O — Discretionary increases in payment amount by Order in Council
71O Discretionary increases in payment amount by Order in Council (1) The Governor-General may, at any time, by Order in Council made on the recommendation of the Minister, increase the rate of…
Section 71P — Amount of payment not affected by other non-statutory entitlements
71P Amount of payment not affected by other non-statutory entitlements (1) An entitlement to a parental leave payment under this Part is not affected or reduced by any other entitlement that the…
Section 71Q — Payments must come out of public money
71Q Payments must come out of public money There must, from time to time, be paid out of the Crown Bank Account, from money appropriated by Parliament for the purpose, all money required to be…
Section 71R — Method of payment
71R Method of payment (1) A parental leave payment is payable in arrears on the days or dates in the month that the chief executive from time to time determines. (2) Every instalment of the payment…
Section 71S — Backdating of payments
71S Backdating of payments The first payment of a parental leave payment includes an amount in respect of the period from the start of the parental leave if the application is received on or after…
Section 71T — Obligation of employer to notify employee of payment entitlements
71T Obligation of employer to notify employee of payment entitlements Every employer who receives a notice of an employee's wish to take parental leave must, within 21 days after the receipt of the…
Section 71U — Obligation to notify early return to work, etc
71U Obligation to notify early return to work, etc (1) An employee must give notice if, during the period for which the employee is receiving a parental leave payment under this Part,— (a) the…
Section 71V — Non-return to work does not affect payment
71V Non-return to work does not affect payment (1) An employee is not required to refund any parental leave payment under this Part because the employee— (a) does not return to work at the end of his…
Section 71W — Obligation to supply information
71W Obligation to supply information (1) The department may, by written notice, request an employee who has applied for a parental leave payment, and any employer of that employee, to supply to the…
Section 71X — Recovery of debts by department
71X Recovery of debts by department (1) A sum (an overpayment ) paid under this Part is a debt due to the department if the sum was— (a) paid to a person in excess of the amount to which the person…
Section 71Y — Recovery of payments
71Y Recovery of payments The department may not recover any payment or part of a payment under this Part that was paid as a result of an error not intentionally contributed to by the recipient if the…
Section 71Z — Offence to mislead department
71Z Offence to mislead department (1) A person commits an offence who, for the purpose described in subsection (2) ,— (a) makes any statement knowing it to be false in any material particular; or (b)…
Section 72 — Contracting out: holiday pay while on parental leave
72 Contracting out: holiday pay while on parental leave (1) Any employment agreement may, in addressing the matter of holiday pay for an employee who takes any period of parental leave otherwise than…
Section 72A — Eligibility criteria based on average hours of work and allowing for periods of authorised leave
72A Eligibility criteria based on average hours of work and allowing for periods of authorised leave (1) An employee is treated as being in the employment of the same employer for at least an average…
Section 72B — 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,…
Section 72C — Date of succession to spouse's or partner's entitlements
72C Date of succession to spouse's or partner's entitlements (1) The date of succession to the entitlements of an employee or self-employed person is the later of— (a) the date of the death of the…
Section 72D — Application of Employment Relations Act 2000 in case of self-employed persons
72D Application of Employment Relations Act 2000 in case of self-employed persons Part 10 of the Employment Relations Act 2000 applies to the extent applicable and with all necessary modifications to…
Section 73 — Regulations
73 Regulations (1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) Prescribing forms for the purposes of this Act: (aa)…
Section 74 — Repeal
74 Repeal The Maternity Leave and Employment Protection Act 1980 is hereby repealed.
Section 75 — Consequential amendments
75 Consequential amendments (1) [Repealed] (2) [Repealed] (3) [Repealed] Subsections (1) and (2) were repealed, as from 16 October 1989, by section 2(2) Labour Department Act Repeal Act 1989 (1989 No…
Section 76 — Transitional provisions
76 Transitional provisions (1) Notwithstanding any provision to the contrary in this Act, nothing in section 7 or section 17 or section 23 of this Act shall entitle an employee to take any parental…
Section 77 — Savings provisions
77 Savings provisions (1) Notwithstanding the repeal of the Maternity Leave and Employment Protection Act 1980 by section 74 of this Act a female employee shall be entitled after the commencement of…