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Parental Leave and Employment Protection Act 1987

Payment for parental leave - Entitlement to preterm baby payments

71DA: Entitlement to preterm baby payment

You could also call this:

“Extra money for parents of babies born early”

You can get a preterm baby payment if you’re already eligible for a parental leave payment and your baby is born alive before 36 weeks of pregnancy. This payment lasts for up to 13 weeks, starting from when your baby is born until the date they would have reached 36 weeks if they hadn’t been born early.

If you’re the birth parent or their partner, the payment starts on the day your baby is born. For other primary carers, it starts when you become the main carer for the baby. The payment stops when your baby would have reached 36 weeks, or if you go back to work, or if you’re no longer the main carer.

If you’re getting a parental leave payment and then become eligible for a preterm baby payment, your parental leave payment will pause while you get the preterm baby payment. The weeks you get the preterm baby payment don’t count towards your parental leave payment time.

You can go back to work after becoming eligible for a preterm baby payment. If you do, your preterm baby payment will stop, or if you haven’t started receiving it, your parental leave payment will pause. You can start your parental leave payment again when you go back on leave, but this must be no later than when your baby was originally due.

If you’re the birth mother of a preterm baby, you can still get the payment even if you stop being the main carer. The same rules that apply to parental leave payments also apply to preterm baby payments.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121555.

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71D: Entitlement to parental leave payments, or

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

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71DB: Additional keeping-in-touch hours for primary carers who receive preterm baby payments, or

“Extra work time for parents of premature babies during special payments”

Part 7A Payment for parental leave
Entitlement to preterm baby payments

71DAEntitlement to preterm baby payment

  1. A person is entitled to a preterm baby payment under this section if—

  2. the person is entitled to a parental leave payment under section 71D in respect of a child; and
    1. that child is born alive before the end of the 36th week of gestation.

      1. A preterm baby payment is payable for 1 continuous period that corresponds to the number of weeks, up to a maximum of 13, between—

      2. the date of birth of the child; and
        1. the date on which the 36th week of gestation would have ended had the child not been born prematurely.

          1. A preterm baby payment in respect of a child is payable for a period that begins,—

          2. in the case of a child born to the person or to the person’s spouse or partner, on the date of the child’s birth; or
            1. in the case of any other person who becomes the primary carer in respect of the child, on the date on which that person becomes the primary carer in respect of the child.

              1. A preterm baby payment in respect of a child is payable for a period that ends on the earliest of—

              2. the date on which the 36th week of gestation would have ended had the child not been born prematurely; and
                1. the date on which the person returns to work as an employee or a self-employed person; and
                  1. the date on which the person ceases to be the primary carer in respect of the child.

                    1. If a person who is receiving a parental leave payment in respect of a child becomes entitled to a preterm baby payment in respect of that child,—

                    2. the person’s parental leave payment must be suspended for the period in relation to which a preterm baby payment is made to the person; and
                      1. the requirement in section 71J(1) that a parental leave payment be made for a continuous period does not apply; and
                        1. any week in relation to which a preterm baby payment is made must not be counted when determining the date on which the parental leave payment ends under section 71L(1)(a).

                          1. A person may return to work as an employee or a self-employed person after becoming entitled to a preterm baby payment, in which case—

                          2. either,—
                            1. if the person receives a preterm baby payment, the preterm baby payment period ends on the date on which the person returns to work; or
                              1. if the person does not receive a preterm baby payment, the person’s parental leave payment period is suspended on the date on which the person returns to work; and
                              2. the person’s parental leave payment period resumes on the date on which the person resumes parental leave (which must be no later than the original expected date of delivery, had the child not been born prematurely).

                                1. Subsection (4)(c) does not apply to the biological mother of a preterm baby.

                                2. Sections 71E, 71G to 71IA, 71M to 71S, 71U to 71ZB, and 72B apply to a preterm baby payment as if that payment were a parental leave payment.

                                Notes
                                • Section 71DA: replaced, on , by section 58 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                                • Section 71DA(5A): inserted, on , by section 9 of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).