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Parental Leave and Employment Protection Act 1987

Restrictions on parental leave

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

You could also call this:

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

You can’t take parental leave for a new child if you’ve already taken parental leave for another child recently. This rule applies if you’ve taken parental leave under this law or any other law, or if it was part of your employment agreement. You need to wait at least 6 months after your last parental leave ended before you can take parental leave again for a different child.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120450.

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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”

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6A: Treatment of employment with same employer for purposes of determining subsequent parental leave entitlements, or

“How your job time is counted after returning from parental leave”

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

  1. An employee shall not be entitled to parental leave in respect of a child by virtue of this Act if—

  2. that employee has previously taken, in respect of another child, a period of leave, being—
    1. parental leave under this Act; or
      1. a period of leave in the nature of parental leave under any Act other than this Act, or any employment agreement; and
      2. less than 6 months have elapsed since the day after the date on which the most recent period of leave referred to in paragraph (a) ended.

        Notes
        • Section 6 heading: amended, on , by section 12(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
        • Section 6(a)(ii): amended, on , by section 22 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
        • Section 6(a)(ii): amended, on , by section 3 of the Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).
        • Section 6(b): amended, on , by section 12(2) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).