Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Protection of employment

50: Special defences relating to dismissal

You could also call this:

“When an employer can explain why they fired someone after parental leave”

If someone says that an employer broke the law by firing an employee, and it’s proven that the employer fired the employee either while they were on parental leave or within 26 weeks after their parental leave ended, the employer can use special defences to explain their actions. These special defences are described in other parts of the law. This rule is part of protecting people’s jobs when they take parental leave.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121022.

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49: Dismissal by reason of pregnancy or parental leave prohibited, or

“You can't be fired for being pregnant or taking parental leave”

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51: Special defences relating to dismissal during parental leave, or

“When an employer can let you go while you're on parental leave”

Part 6 Protection of employment

50Special defences relating to dismissal

  1. Where—

  2. it is alleged in any proceedings under this Act that an employer has, in contravention of section 49(1), terminated the employment of an employee; and
    1. it is proved in those proceedings that the employer terminated the employee's employment either—
      1. during the employee's absence on parental leave; or
        1. during the period of 26 weeks beginning with the day after the date on which any period of the employee's parental leave ended,—
          2. the defences set out in sections 51 and 52 shall be available to the employer.

        Compare
        • 1980 No 162 s 28