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Parental Leave and Employment Protection Act 1987

Interpretation

2BA: Thresholds for entitlements

You could also call this:

“How to know if you can take time off work to care for a new baby or child”

This law explains how you can know if you’re allowed to take parental leave from your job. There are two main tests:

The 6-month test: You pass this if you’ve worked for your boss for at least 10 hours a week on average in the last 6 months before your baby is due or before you start taking care of a child.

The 12-month test: You pass this if you’ve worked for your boss for at least 10 hours a week on average in the last 12 months before your baby is due or before you start taking care of a child.

There are special rules to figure out if you’ve been working for the same boss during a certain time, or if you’ve gone back to work for the same boss. These rules are in Schedule 1.

There’s also a rule in Section 72A that helps work out if you’ve been working an average of 10 hours a week for your boss.

The law also talks about who can get parental leave payments. You can get these if:

  • You’re an employee and you’ve worked at least 10 hours a week on average for any 26 weeks out of the 52 weeks before your baby is due or before you become the main carer for a child.

  • You work for yourself and you’ve worked at least 10 hours a week on average for any 26 weeks out of the 52 weeks before your baby is due or before you become the main carer for a child.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6810651.

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2B: Multiple children, or

“This law explains how parental leave works when you have more than one baby or child at the same time”

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2C: Transitional, savings, and related provisions, or

“Special rules for when the law changes or in special cases”

2BAThresholds for entitlements

  1. In this Act, the following tests are used to determine an employee’s entitlements to parental leave:

  2. an employee meets the 6-month employment test if the employee will have been employed by the same employer for at least an average of 10 hours a week in the 6 months immediately preceding the expected date of—
    1. delivery of the child (in the case of a child to be born to the employee or to the employee’s spouse or partner); or
      1. assumption of responsibility for the care of the child (in any other case):
      2. an employee meets the 12-month employment test if the employee will have been employed by the same employer for at least an average of 10 hours a week in the 12 months immediately preceding the expected date of—
        1. delivery of the child (in the case of a child to be born to the employee or to the employee’s spouse or partner); or
          1. assumption of responsibility for the care of the child (in any other case).

          2. The provisions of Schedule 1 apply if it is necessary to ascertain, in relation to any of the circumstances mentioned in clauses 1 to 5 of Schedule 1,—

          3. whether an employee has been employed by the same employer during any period of time; or
            1. whether an employee has resumed service with the same employer.

              1. Section 72A applies if it is necessary to ascertain whether an employee will have been employed by the same employer for at least an average of 10 hours a week during a 12-month period (or 6-month period, as the case may be).

              2. In this Act, the following test is used to determine a person’s entitlement to parental leave payments (the parental leave payment threshold test):

              3. an employee meets the parental leave payment threshold test if he or she will have been employed as an employee for at least an average of 10 hours a week for any 26 of the 52 weeks immediately preceding—
                1. the expected date of delivery of the child (in the case of a child to be born to the person or his or her spouse or partner); or
                  1. the first date on which the person, or his or her spouse or partner becomes the primary carer in respect of the child (in any other case):
                  2. a self-employed person meets the parental leave payment threshold test if he or she will have been self-employed for at least an average of 10 hours a week for any 26 of the 52 weeks immediately preceding—
                    1. the expected date of delivery of the child (in the case of a child to be born to the self-employed person or his or her spouse or partner); or
                      1. the first date on which the self-employed person, or his or her spouse or partner becomes the primary carer in respect of the child (in any other case).

                      Notes
                      • Section 2BA: inserted, on , by section 12 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).