Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Payment for parental leave - Entitlement to parental leave payment

71D: Entitlement to parental leave payments

You could also call this:

“Who can get money while on leave to care for a child?”

You can get parental leave payments if you meet certain conditions. You need to be an eligible employee, self-employed person, or someone who has been given this right by another person. While you’re getting these payments, you can’t be working or you must be on parental leave from your job.

If you become the main carer for a child under 6 years old, you usually can’t get parental leave payments if you or your partner have already received them for that child before. But there are some exceptions to this rule.

There are some limits on who can get parental leave payments and how to apply for them. These are explained in other parts of the law.

Remember, these rules are part of a bigger law about parental leave and protecting your job when you have a baby or become a child’s main carer.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121550.

Previous

71CE: Keeping-in-touch days, or

“Working a little during parental leave without losing payments”

Next

71DA: Entitlement to preterm baby payment, or

“Extra money for parents of babies born early”

Part 7A Payment for parental leave
Entitlement to parental leave payment

71DEntitlement to parental leave payments

  1. A person is entitled to a parental leave payment under this Part, if—

  2. the person is—
    1. an eligible employee or an eligible self-employed person; or
      1. a person to whom all or part of an entitlement to a parental leave payment is transferred under section 71E; or
        1. a person who succeeds to all or part of an entitlement to a parental leave payment under section 72B; and
        2. during the period in relation to which the person receives parental leave payments, the person—
          1. is not employed or self-employed; or
            1. takes parental leave from their employment or self-employment.

            2. Despite subsection (1), a person who becomes the primary carer in respect of a child who is under the age of 6 years is not entitled to parental leave payments in respect of that child if—

            3. the person has previously received parental leave payments in respect of that child; or
              1. the person’s spouse or partner has previously received parental leave payments in respect of that child (unless the person’s entitlement arises from a transfer under section 71E or by succession under section 72B).

                1. Subsection (2) does not apply to a person who is a primary carer under section 7(1)(b)(iii).

                2. This section is subject to sections 71F to 71IA (restrictions on parental leave payments and making an application for payment).

                Notes
                • Section 71D: replaced, on , by section 58 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                • Section 71D(2A): inserted, on , by section 20 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).