Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Application of Act

4: Application of this Act to employees who have non-statutory rights to parental leave

You could also call this:

“This law explains how parental leave works if your job already gives you special leave benefits”

This law talks about how parental leave works for people with jobs in New Zealand. Here’s what you need to know:

Most of the rules about parental leave apply to everyone who works. But if you already have really good parental leave benefits from your job, you might not need to use these rules.

Your job’s parental leave benefits need to be just as good as, or better than, what the law offers. These benefits should be written down in your work agreement.

A good work agreement should cover things like:

  • Who can take parental leave
  • How long the leave can be
  • How your job is protected while you’re on leave
  • Whether you get paid during your leave
  • How to ask for and use parental leave

If your work agreement only covers some of these things, it doesn’t count. In that case, you’ll use the rules in this law instead.

Some parts of this law apply to everyone, not just people with jobs. These are Parts 6 to 7A of the law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120438.

Previous

3: Act to bind the Crown, or

“This law applies to the government too”

Next

5: Restriction on parental leave under this Act where employee or employee's spouse or partner takes parental leave under any other provision, or

“Limits on parental leave to prevent taking too much leave altogether”

4Application 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 leave that are,—

  2. in their overall effect, as favourable to that employee as, or more favourable to that employee than, the rights and benefits provided for in Parts 1 to 5; and
    1. provided under a comprehensive employment agreement or other arrangement (other than this Act).

      1. An employment agreement or other arrangement is comprehensive if it effectively addresses all of the following matters:

      2. the conditions of eligibility for any parental leave:
        1. the duration of parental leave:
          1. the degree of protection provided for the employee's position in the employment of the employer during, and subsequent to, any absence on parental leave:
            1. the employer's obligation or lack of an obligation to pay remuneration during the parental leave:
              1. the procedural requirements relating to parental leave.

                1. The provisions of an employment agreement or other arrangement that is not comprehensive are of no effect in so far as the provisions relate to parental leave.

                2. Parts 6 to 7A apply to all persons.

                Notes
                • Section 4: substituted, on , by section 9 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
                • Section 4(4): amended, on , by section 13 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).