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.
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 parental leave; and
(c)
entitle certain employees and self-employed persons to up to 14 weeks of paid parental leave.
Section 1A was inserted, as from 1 July 2006, by section 7 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.
Interpretation
This heading was inserted, as from 1 July 2006, by section 46 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.
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 2002, by section 7(4) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
Company has the same meaning as in the Companies Act 1955 or the Companies Act 1993, as the case may be; and includes an overseas company within the meaning of the Companies Act 1993
Company: this definition was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) 1994 (1994 No 16).
Contract of employment
[Repealed]
Contract of employment: this definition was repealed, as from 1 July 2002, by section 22 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
Court means the Employment Court constituted under the Employment Relations Act 2000
Court: this definition was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
department: this definition was inserted, as from 1 July 2002, by section 7(4) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
Employee has the meaning given in section 5 of the Employment Relations Act 2000
Employee: this definition was substituted, as from 1 July 2002, by section 7(1) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
Employer means any person employing any employee or employees
employment agreement has the meaning given to that term in section 5 of the Employment Relations Act 2000 and, for the avoidance of doubt, includes any employment contract that continues in force under section 242 of the Employment Relations Act 2000
employment agreement: this definition was inserted, as from 1 July 2002, by section 22 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
Employment Relations Authority means the Employment Relations Authority established under the Employment Relations Act 2000
Employment Relations Authority: this definition was substituted for a definition of the term Employment Tribunal, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Employment Tribunal
[Repealed]
Employment Tribunal: this definition was substituted by a definition of the term Employment Relations Authority, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
expected date of delivery, in respect of a pregnant woman, means the date certified in writing by a medical practitioner or midwife as being the date on which that medical practitioner or midwife diagnoses that the pregnant woman may give birth to a child
expected date of delivery: this definition was substituted, as from 1 July 2002, by section 10 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
Extended leave—
(a)
Means extended leave to which an employee is entitled in accordance with this Act; and
(b)
Includes, for the purposes of Parts 6 to 7A of this Act, rights and benefits in the nature of extended leave to which an employee is entitled by virtue of—
(i)
Any Act other than this Act; or
(ii)
Any employment agreement:
Extended leave: this definition was amended, as from 1 July 2002, by section 7(5) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the expression “Parts 6to 7A” for the expression “Parts 6 and 7”
Extended leave: this definition was amended, as from 1 July 2002, by section 22 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 by substituting the words “employment agreement” for the words “contract of employment”.
Maternity leave—
(a)
Means maternity leave to which a female employee is entitled in accordance with this Act; and
(b)
Includes, for the purposes of Parts 6 to 7A of this Act, rights and benefits in the nature of maternity leave to which a female employee is entitled by virtue of—
(i)
Any Act other than this Act; or
(ii)
Any employment agreement:
Maternity leave: this definition was amended, as from 1 July 2002, by section 7(5) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the expression “Parts 6 to 7A” for the expression “Parts 6 and 7”.
Maternity leave: this definition was amended, as from 1 July 2002, by section 22 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 by substituting the words “employment agreement” for the words “contract of employment”.
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.
medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery.
midwife: this definition was inserted, as from 1 July 2002, by section 10 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
midwife: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Minister: this definition was inserted, as from 1 July 2002, by section 7(4) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
Parental leave—
(a)
means, for an employee,—
(i)
maternity leave to which the employee is entitled in accordance with this Act:
(ii)
partner's/paternity leave to which the employee is entitled in accordance with this Act:
(iii)
extended leave to which the employee is entitled in accordance with this Act:
(ab)
means, for a self-employed person, a period during which the self-employed person temporarily does not work because of the birth of a child or the assumption of care of a child by the person or the person's spouse or partner (subject to section 71CD):
(b)
Includes, for the purposes of Parts 6 to 7A of this Act, rights and benefits in the nature of any of the kinds of leave described in paragraph (a) of this definition to which an employee is entitled by virtue of—
(i)
Any Act other than this Act; or
(ii)
Any employment agreement:
Parental leave: this definition was amended, as from 1 July 2002, by section 7(5) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the expression “Parts 6 to 7A” for the expression “Parts 6 and 7”.
Parental leave: paragraph (a)(ii) of this definition was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 by substituting the words “partner's/paternity leave” for the words “paternity leave”.
Parental leave: paragraph (a) of this definition was substituted, as from 1 July 2006, by section 8(1) 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.
Parental leave: paragraph (ab) of this definition was inserted, as from 1 July 2006, by section 8(1) 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.
Parental leave: paragraph (b) of this definition was amended, as from 1 July 2002, by section 22 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 by substituting the words “employment agreement” for the words “contract of employment”.
partner, in the phrase “spouse or partner” and in related contexts, means a civil union partner or a de facto partner
partner: this definition was inserted, as from 26 April 2005, by section 3(1) Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).
partner's/paternity leave—
(a)
means partner's/paternity leave to which an employee is entitled in accordance with this Act; and
(b)
includes, for the purposes of Parts VI to 7A, rights and benefits in the nature of partner's/paternity leave to which an employee is entitled by virtue of—
(i)
any Act other than this Act; or
(ii)
any employment agreement
“partner's/paternity leave”: this definition was inserted, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
Paternity leave
[Repealed]
Paternity leave: this definition was repealed, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
self-employed means working in 1 or more of the following, other than as an employee
(a)
providing goods or services for hire or reward under a contract for services:
(b)
carrying on a business (including a profession, trade, manufacture, or undertaking carried on for pecuniary profit), including in partnership with another person:
(c)
working for a trust in a business (as defined in paragraph (b)) carried on by the trust
self-employed: this definition was inserted, as from 1 July 2006, by section 8(2) 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.
self-employed person means a person who is self-employed.
self-employed person: this definition was inserted, as from 1 July 2006, by section 8(2) 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.
spouse means a husband or wife
Spouse: this definition was substituted, as from 1 July 2002, by section 7(2) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
spouse: this definition was substituted, as from 26 April 2005, by section 3(2) Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).
State employee
[Repealed]
State employee: this definition was repealed, as from 1 July 2002, by section 14(3) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
State services
[Repealed]
State services: this definition was repealed, as from 1 July 2002, by section 14(3) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
Union means a union registered under the Employment Relations Act 2000.
Union: this definition was substituted, as from 1 July 2002, by section 7(3) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
(2)
Where it is necessary, for the purpose of applying any of the provisions of sections 7(b), 8(1)(b), 17(c), 18(1)(b), 23(b), 24(1)(b), and 43 of this Act, to ascertain, in relation to any of the circumstances mentioned in clauses 1 to 5 of the Schedule to this Act,—
(a)
Whether any employee has remained in the employment of the same employer during any period of time; or
(b)
Whether any employee has resumed service with the same employer—
the provisions of the Schedule to this Act shall apply.
(3)
Section 72A applies if it is necessary, for the purpose of applying any of the provisions of sections 7(b), 8(1)(b), 17(c), 18(1)(b), 23(b), and 24(1)(b), to ascertain whether an employee will have been in the employment of the same employer for at least an average of 10 hours a week during a 12-month period or 6-month period, as the case may be.
State employee: paragraph (a) of the original definition was substituted, as from 1 April 1988, by section 87 State Sector Act 1988 (1988 No 20).
State employee: the original definition was substituted, as from 15 May 1991, by section 2(1) Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).
State services: the original definition was substituted, as from 1 April 1988, by section 87 State Sector Act 1988 (1988 No 20).
Subsection (1) was substituted, as from 15 May 1991, by section 2(1) Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).
Subsection (3) was inserted, as from 1 July 2002, by section 7(6) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
Subsection (3) was amended, as from 1 December 2004, by section 6 Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89) by inserting the words “(or 6-month period, as the case may be)”. 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.
