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Parental Leave and Employment Protection Act 1987

Payment for parental leave - Interpretation

71CA: Definition of eligible employee

You could also call this:

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

In this part of the law, an eligible employee is someone who takes care of a child as the main caregiver and meets the rules for getting parental leave payments.

When figuring out if someone is an eligible employee, the law doesn’t look at any extra parental leave that isn’t part of the official rules. This means that if your job gives you extra time off for having a baby, it doesn’t count when deciding if you’re eligible under this 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=DLM121539.

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71C: Interpretation of this Part, or

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Part 7A Payment for parental leave
Interpretation

71CADefinition of eligible employee

  1. In this Part, eligible employee means a person who—

  2. is the primary carer in respect of a child; and
    1. meets the parental leave payment threshold test.

      1. Rights and benefits to non-statutory parental leave (and section 4) are ignored when considering whether a person is an eligible employee under this section.

      Notes
      • Section 71CA: inserted, on , by section 23 of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
      • Section 71CA(1): replaced, on , by section 52 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).