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Parental Leave and Employment Protection Act 1987

Restrictions on parental leave

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

You could also call this:

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

You can’t take parental leave under this Act if it would make the total amount of leave taken by you and your spouse or partner more than what this Act allows. This includes leave taken under other laws or work agreements. The Act sets limits on primary carer leave, partner’s leave, and extended leave for both you and your spouse or partner.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120444.

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

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

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6: Restriction on taking of parental leave within 6 months of end of previous period of parental leave in respect of another child, or

“You must wait 6 months after finishing parental leave before taking it again for another child”

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

  1. Nothing in this Act shall entitle an employee otherwise entitled to any period of parental leave under this Act to take a period of parental leave under this Act which, when aggregated with any rights and benefits in the nature of parental leave taken or proposed to be taken by that employee's spouse or partner under any Act other than this Act or under any employment agreement, would exceed the total period of parental leave to which that employee and that employee's spouse or partner would be entitled by virtue of this Act if the provisions of this Act regarding primary carer leave, partner’s leave, and extended leave were to apply to both that employee and that employee's spouse or partner.

Notes
  • Section 5 heading: amended, on , by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).
  • Section 5: amended, on , by section 14 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
  • Section 5: amended, on , by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).
  • Section 5: amended, on , by section 22 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
  • Section 5: amended, on , by section 3 of the Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).