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Parental Leave and Employment Protection Act 1987

Miscellaneous provisions

77: Savings provisions

You could also call this:

“Rules for keeping old maternity leave rights when a new law starts”

This law is about making sure people can still use their old maternity leave rights even though a new law has replaced the old one. Here’s what you need to know:

If you’re expecting a baby or adopting a child between 1 October 1987 and 1 January 1988, you can still use the old maternity leave rules. You’ll get the same rights and benefits as you would have under the old law.

If you were already on maternity leave or looking for work after maternity leave when the new law started on 1 October 1987, don’t worry. You still have all the same rights and your employer still has the same responsibilities as before.

If you started your maternity leave after 1 October 1987 but used the old rules (as mentioned earlier), you also keep all your rights and your employer keeps their responsibilities.

Any issues or processes that started before the old law was replaced, or that relate to people using the old rules, will still be handled using the old law.

This way, the change in laws doesn’t take away any rights or protections you already had.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121794.

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76: Transitional provisions, or

“Rules for parental leave before 1988”

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Schedule 1AA: Transitional provisions relating to amendments to this Act coming into force on and after 1 April 2015, or

“Changes to parental leave rules from 2015 to 2020”

Part 8 Miscellaneous provisions

77Savings provisions

  1. Notwithstanding the repeal of the Maternity Leave and Employment Protection Act 1980 by section 74, a female employee shall be entitled after the commencement of this Act to take maternity leave in accordance with that Act in respect of a child—

  2. the expected date of delivery of whom is on or after 1 October 1987 but before 1 January 1988; or
    1. of whom the employee assumes care on or after 1 October 1987 but before 1 January 1988 with a view to adoption by that employee or by that employee and that employee's spouse jointly,—
        1. and the female employee shall be entitled to the same rights and benefits as the rights and benefits to which the female employee would have been entitled if the maternity leave had been taken before the repeal of the Maternity Leave and Employment Protection Act 1980.

      1. The repeal of the Maternity Leave and Employment Protection Act 1980 by section 74 shall not affect, reduce, or extinguish—

      2. any rights or entitlements conferred, or any obligations imposed, by that Act on a female employee who—
        1. is on maternity leave under that Act on 1 October 1987; or
          1. is absent on 1 October 1987 during a period of preference in obtaining employment in the employment of that employee's employer following any period of maternity leave taken under that Act; or
            1. commences, after 1 October 1987, maternity leave under that Act in accordance with subsection (1):
            2. any obligations imposed, or any rights conferred, by that Act on an employer of a female employee referred to in paragraph (a).

              1. All matters and proceedings—

              2. commenced before the repeal of the Maternity Leave and Employment Protection Act 1980:
                1. commenced after the repeal of the Maternity Leave and Employment Protection Act 1980 in relation to—
                  1. the rights, entitlements, or obligations of any female employee to whom subsection (2)(a) relates; or
                    1. the obligations or rights of any employer to whom subsection (2)(b) relates,—
                      2. may be continued and determined in accordance with the provisions of the Maternity Leave and Employment Protection Act 1980.