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Parental Leave and Employment Protection Act 1987

Payment for parental leave - Interpretation

71C: Interpretation of this Part

You could also call this:

“Understanding important words and phrases in the parental leave law”

This part of the law explains some important words and phrases used in the Parental Leave and Employment Protection Act. Here’s what they mean:

An ‘eligible employee’ is someone who can get parental leave payments. You can find out more about who is eligible in another part of the law.

An ‘eligible self-employed person’ is also explained in another part of the law.

‘Employee’s average weekly income from work’ is how much money an employee usually makes in a week. There’s a special way to work this out, which is explained in another part of the law.

‘Net income’ means the money you have left after paying taxes. It’s the same as what’s called ‘net income’ in the tax laws. It also includes money you might get from a trust.

‘Non-statutory parental leave’ means any parental leave that’s not covered by this law, but that you might get from your job.

‘Ordinary weekly pay’ is the total amount of regular pay you get each week from all your jobs that let you get parental leave payments. There’s a special way to work this out, which is explained in another law called the Holidays Act.

‘Parental leave’ includes both the leave covered by this law and any other parental leave you might get.

‘Self-employed person’s average weekly income from work’ is how much a self-employed person usually makes in a week. There’s a special way to work this out, which is explained in another part of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121514.

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71B: Overview, or

“A simple guide to parental leave payments in New Zealand”

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71CA: Definition of eligible employee, or

“Who can get parental leave pay when they have a baby”

Part 7A Payment for parental leave
Interpretation

71CInterpretation of this Part

  1. In this Part, unless the context otherwise requires,—

    eligible employee has the meaning given in section 71CA

      eligible self-employed person has the meaning given in section 71CB

        employee’s average weekly income from work means an amount calculated in accordance with the method set out in section 71CAA

          net income has the same meaning as in section YA 1 of the Income Tax Act 2007, and includes a distribution from a trust

            non-statutory parental leave means any rights and benefits in the nature of parental leave for which provision is made otherwise than by this Act

              ordinary weekly pay means the total of the amounts of ordinary weekly pay in respect of all the employments that in combination mean the employee is entitled to receive parental leave payments and is determined on the basis of section 8 of the Holidays Act 2003

                parental leave, in relation to an employee, includes non-statutory parental leave

                  self-employed person’s average weekly income from work means an amount calculated in accordance with the method set out in section 71CBA.

                  Notes
                  • Section 71C: inserted, on , by section 4(2) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
                  • Section 71C eligible employee: substituted, on , by section 22(2) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
                  • Section 71C eligible self-employed person: inserted, on , by section 22(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
                  • Section 71C employee’s average weekly earnings: repealed, on , by section 51(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                  • Section 71C employee’s average weekly income from work: inserted, on , by section 51(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                  • Section 71C net income: inserted, on , by section 22(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
                  • Section 71C net income: amended, on (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
                  • Section 71C ordinary weekly pay: inserted, on , by section 22(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
                  • Section 71C ordinary weekly pay: amended, on , by section 51(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                  • Section 71C parental leave: substituted, on , by section 22(2) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
                  • Section 71C self-employed person’s average weekly earnings: repealed, on , by section 51(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                  • Section 71C self-employed person’s average weekly income from work: inserted, on , by section 51(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).