Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Miscellaneous provisions

72C: Date of succession to spouse's or partner's entitlements

You could also call this:

“When you can start using your partner's parental leave”

If you take over the parental leave entitlements of your spouse or partner, there’s a specific date when this change happens. This date is called the ‘date of succession’. It’s the later of two dates:

  1. The day your spouse or partner died, or the day you became the only guardian of the child.
  2. The day after your bereavement leave ends (if you took any).

When you start getting parental leave payments, you’ll get money from this date of succession. But this only happens if you tell the government department about taking over the entitlements on or after the date of succession.

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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=DLM121780.

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72B: Succession to spouse's or partner's entitlements, or

“Taking over your partner's parental leave and payments if they can't use them”

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72D: Application of Employment Relations Act 2000 in case of self-employed persons, or

“Rules for handling self-employed people's parental leave cases”

Part 8 Miscellaneous provisions

72CDate of succession to spouse's or partner's entitlements

  1. The date of succession to the entitlements of an employee or self-employed person is the later of—

  2. the date of the death of the employee or self-employed person or the date when the spouse or partner becomes sole guardian, as the case may be; and
    1. the date on which the bereavement leave of the spouse or partner expires (if any).

      1. The first payment of parental leave payment to the spouse or partner includes an amount for the period from the date of succession if the notice to the department referred to in section 72B(3A) is received on or after that date.

      Notes
      • Section 72C: inserted, on , by section 44 of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
      • Section 72C(2): amended, on , by section 79 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).