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Parental Leave and Employment Protection Act 1987

Payment for parental leave - Applications for parental leave payment

71I: Applications for payment

You could also call this:

“How to ask for money when you take time off to look after a new child”

You need to apply for a parental leave payment if you want to receive it. You must make this application before you go back to work. If you have a baby, you need to apply before the baby turns 12 months old. If you’re caring for a child who isn’t your baby, you need to apply within a year of becoming their main carer.

You have to follow the rules about how to apply. These rules are written down in regulations. Your application needs to include certain information and documents. You also need to say if you want to share your payment with someone else.

If you become a child’s main carer in a special way (as described in section 7(1)(b)(iii)), you have different rules. You can apply before or soon after you go back to work, or within a year of becoming the child’s main carer.

If you have an employer, they might need to add information to your application or sign it. The rules about this are also in the regulations.

There’s one more rule about applications in section 71IA that you should know about.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121584.

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Part 7A Payment for parental leave
Applications for parental leave payment

71IApplications for payment

  1. A person is not entitled to a parental leave payment unless he or she makes an application for payment in accordance with this section.

  2. The application must—

  3. be made by the employee or self-employed person before the earliest of the following:
    1. the date on which the person returns to work:
      1. the date on which the child attains the age of 12 months (in the case of a child born to the person or to the person’s spouse or partner):
        1. the date that is the first anniversary of the first date on which either the person or the person’s spouse or partner became the primary carer in respect of the child (in any other case).
        2. be made in the manner prescribed in regulations; and
          1. specify the matters, and be accompanied by the documents, prescribed in regulations; and
            1. state whether or not the person wishes to transfer all or part of the entitlement under section 71E.

              1. In the case of an employee or a self-employed person who is a primary carer under section 7(1)(b)(iii), subsection (2)(a) does not apply, and the application must be made before, or within a reasonable period after, the earliest of the following:

              2. the date on which the person returns to work; or
                1. the date that is the first anniversary of the date on which the person became the primary carer in respect of the child.

                  1. An employer must comply with any provision in the regulations that requires the employer to specify matters in, or attach documents to, or sign, an application under this section.

                  2. This section is subject to section 71IA.

                  Notes
                  • Section 71I: inserted, on , by section 4(2) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
                  • Section 71I(1): replaced, on , by section 63(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                  • Section 71I(2)(a): replaced, on , by section 63(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                  • Section 71I(2)(d): amended, on , by section 63(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                  • Section 71I(2)(d): amended, on , by section 30(2) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
                  • Section 71I(2A): inserted, on , by section 21 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).
                  • Section 71I(4): added, on , by section 30(3) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).