Parental Leave and Employment Protection Act 1987

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

You could also call this:

“Rules for when new parental leave changes start working”

This schedule explains when different changes to parental leave rules start to apply. The changes affect when you can take leave and get payments for looking after a new baby or child you’re adopting.

For changes that started on 1 April 2015, you can use the new rules if your baby was due or born on or after that date, or if you adopted a child on or after that date. You could even start your leave or apply for payments before 1 April 2015 if your situation fit these rules.

Similar rules apply for changes that started on 1 April 2016, 1 July 2018, and 1 July 2020. In each case, if your baby was due or born on or after the start date, or if you became a child’s primary carer on or after that date, you can use the new rules. You can also start your leave or apply for payments early if your situation fits the new rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6120018.


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1AATransitional provisions relating to amendments to this Act coming into force on and after 1 April 2015 Empowered by s 2C

1 Transitional provision relating to amendments to this Act made by sections 6 to 18 of Parental Leave and Employment Protection Amendment Act 2014

1Application of sections 6 to 18 of Parental Leave and Employment Protection Amendment Act 2014

  1. The amendments made by sections 6 to 18 of the Parental Leave and Employment Protection Amendment Act 2014 apply to an employee or self-employed person who takes parental leave in respect of a child if—

  2. the expected date of delivery of the child is on or after 1 April 2015; or
    1. the child is born on or after 1 April 2015; or
      1. in the case of adoption, the date on which the employee or self-employed person, or his or her spouse or partner, with a view to adoption, assumes the care of the child, is on or after 1 April 2015.
        1. An employee or self-employed person to whom the amendments referred to in subclause (1) apply may, before 1 April 2015,—

        2. give notice of a wish to take parental leave, in which case the employee may begin his or her parental leave before 1 April 2015 as if those amendments were already in force; and
          1. apply for a parental leave payment under Part 7A as if those amendments were already in force.
            Compare

            2 Transitional provision relating to amendments to this Act made by sections 19 to 31 of Parental Leave and Employment Protection Amendment Act 2014

            2Application of sections 19 to 31 of Parental Leave and Employment Protection Amendment Act 2014

            1. The amendments made by sections 19 to 31 of the Parental Leave and Employment Protection Amendment Act 2014 apply to an employee or self-employed person who takes parental leave in respect of a child if—

            2. the expected date of delivery of the child is on or after 1 April 2016; or
              1. the child is born on or after 1 April 2016; or
                1. in the case of adoption, the date on which the employee or self-employed person, or his or her spouse or partner, with a view to adoption, assumes the care of the child is on or after 1 April 2016.
                  1. An employee or self-employed person to whom the amendments referred to in subclause (1) apply may, before 1 April 2016,—

                  2. give notice of a wish to take parental leave, in which case the employee may begin his or her parental leave before 1 April 2016 as if those amendments were already in force; and
                    1. apply for a parental leave payment under Part 7A as if those amendments were already in force.
                      Compare

                      3Transitional provisions relating to amendments to this Act made by Parental Leave and Employment Protection Amendment Act 2016

                      3Application of Parental Leave and Employment Protection Amendment Act 2016

                      1. The amendments made by the Parental Leave and Employment Protection Amendment Act 2016 apply to a person who takes parental leave or applies for a parental leave payment in respect of a child if,—

                      2. in the case of a child born to the person or to the person’s spouse or partner,—
                        1. the expected date of delivery of the child is on or after 1 April 2016; or
                          1. the child is born on or after 1 April 2016; or
                          2. in any other case, the person or his or her spouse or partner becomes the primary carer in respect of a child on or after 1 April 2016.
                            1. A person to whom the amendments referred to in subclause (1) apply may, before 1 April 2016,—

                            2. give notice of a request to take parental leave, in which case the person may begin his or her parental leave before 1 April 2016 as if those amendments were already in force; and
                              1. apply for a parental leave payment under Part 7A as if those amendments were already in force.

                                4Provisions relating to Part 1 of Parental Leave and Employment Protection Amendment Act 2017

                                4Application of Part 1 of Parental Leave and Employment Protection Amendment Act 2017

                                1. This Act, as amended by Part 1 of the Parental Leave and Employment Protection Amendment Act 2017, applies to a person who takes parental leave or applies for a parental leave payment in respect of a child if,—

                                2. in the case of a child born to the person or to the person’s spouse or partner,—
                                  1. the expected date of delivery of the child is on or after 1 July 2018; or
                                    1. the child is born on or after 1 July 2018; or
                                    2. in any other case, the person or his or her spouse or partner becomes the primary carer in respect of a child on or after 1 July 2018.
                                      1. A person referred to in subclause (1) may, before 1 July 2018,—

                                      2. give notice of a request to take parental leave, in which case the person may begin the parental leave before 1 July 2018 as if those amendments were already in force; and
                                        1. apply for a parental leave payment under Part 7A as if those amendments were already in force.

                                          5Provisions relating to Part 2 of Parental Leave and Employment Protection Amendment Act 2017

                                          5Application of Part 2 of Parental Leave and Employment Protection Amendment Act 2017

                                          1. This Act, as amended by Part 2 of the Parental Leave and Employment Protection Amendment Act 2017, applies to a person who takes parental leave or applies for a parental leave payment in respect of a child if,—

                                          2. in the case of a child born to the person or to the person’s spouse or partner,—
                                            1. the expected date of delivery of the child is on or after 1 July 2020; or
                                              1. the child is born on or after 1 July 2020; or
                                              2. in any other case, the person or his or her spouse or partner becomes the primary carer in respect of a child on or after 1 July 2020.
                                                1. A person referred to in subclause (1) may, before 1 July 2020,—

                                                2. give notice of a request to take parental leave, in which case the person may begin the parental leave before 1 July 2020 as if those amendments were already in force; and
                                                  1. apply for a parental leave payment under Part 7A as if those amendments were already in force.