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Parental Leave and Employment Protection Act 1987

Payment for parental leave - Transfer of entitlement to spouse or partner

71EA: Effect of transfer of entitlement to spouse or partner

You could also call this:

“What happens when you give some of your parental leave pay to your partner”

When you transfer some or all of your parental leave payment to your spouse or partner, a few things change:

Your spouse or partner now has the right to receive the parental leave payment you gave them. This means when the law talks about your right to get paid, it’s now talking about your spouse or partner’s right to get paid.

The parental leave period mentioned in the law now refers to the time your spouse or partner takes off work, not your time off.

The amount of money paid during parental leave is based on how much your spouse or partner earns, not how much you earn.

The part of the payment you gave to your spouse or partner is taken away from what you would have received. This means you can’t use that part anymore.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121565.

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71E: Entitlement may be transferred to spouse or partner, or

“You can share your parental leave money with your husband, wife, or partner”

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71F: Subsequent parental leave payments, or

“There's a waiting time between getting parental leave money for different children”

Part 7A Payment for parental leave
Transfer of entitlement to spouse or partner

71EAEffect of transfer of entitlement to spouse or partner

  1. To the extent that an employee or a self-employed person transfers all or part of his or her entitlement to a parental leave payment to his or her spouse or partner under section 71E,—

  2. references in this Part to the employee's or self-employed person's entitlement to a parental leave payment are references to the spouse's or partner's entitlement to a parental leave payment; and
    1. references in this Part to the period of parental leave are references to the period of parental leave taken by the spouse or partner; and
      1. the amount of the parental leave payment is calculated according to the earnings of the spouse or partner; and
        1. the entitlement that is transferred is deducted from the transferring employee's or self-employed person's entitlement to a parental leave payment.

          Notes
          • Section 71EA: inserted, on , by section 26 of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).