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Parental Leave and Employment Protection Act 1987

Payment for parental leave - Interpretation

71CB: Definition of eligible self-employed person

You could also call this:

“Who can get parental leave if they work for themselves”

This part of the law explains who can be called an “eligible self-employed person” for parental leave. You are an eligible self-employed person if you work for yourself, are the main caregiver for a child, and meet the test for parental leave payments.

Even if you’re not working in your self-employed job for a while, you can still be seen as self-employed if:

  1. You are getting weekly payments because of an accident under the Accident Compensation Act 2001, or
  2. You are on parental leave before your baby is due to be born, or
  3. You can’t work for other reasons that a Labour Inspector thinks don’t change your usual self-employment pattern.

This helps make sure you don’t lose your eligibility for parental leave payments just because you have to take some time off work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121542.

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Part 7A Payment for parental leave
Interpretation

71CBDefinition of eligible self-employed person

  1. In this Part, eligible self-employed person means a self-employed person who—

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

      1. For the purposes of subsection (1) and section 71E(2), a person is treated as being self-employed for an hour, despite not working as a self-employed person for that hour, if the person is—

      2. entitled to a payment of weekly compensation under the Accident Compensation Act 2001; or
        1. on parental leave before the expected date of delivery of the child; or
          1. unable to work because of any other circumstances that are considered by a Labour Inspector not to disrupt the normal pattern of the person's self-employment.

            1. Repealed
            Notes
            • Section 71CB: 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 71CB(1): replaced, on , by section 54(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
            • Section 71CB(2): amended, on , by section 54(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
            • Section 71CB(2)(a): amended on , pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
            • Section 71CB(3): repealed, on , by section 54(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).