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Parental Leave and Employment Protection Act 1987
COVID-19 response workers
Subsequent children
30JO: Parental leave within 6 months of end of previous period of parental leave in respect of another child

1Short Title and commencement 1APurpose 1BOutline

Part 1:
Primary carer leave

7Meaning of primary carer 8Entitlement to primary carer leave 9Duration of primary carer leave 10Date of commencement of primary carer leave 11Right of employee to determine date of commencement of primary carer leave 12Right of employer and employee to determine date of commencement of primary carer leave by agreement

Provisions applicable to pregnant employees only

13Right of medical practitioner or midwife to determine date of commencement of primary carer leave 14Right of employer to appoint date of commencement of primary carer leave 15Special leave 16Ability to perform work

Part 2:
Partner’s leave

17Entitlement of spouse or partner of primary carer to partner’s leave 18Entitlement of other adoptive parent to partner's/paternity leave 19Duration of Partner’s leave 19AExtension of partner's/paternity leave entitlements for spouses or partners of employees in certain circumstances 19ABExtension of partner's/paternity leave entitlements for spouses or partners of self-employed persons in certain circumstances 19BExtension of partner's/paternity leave of adoptive parent 20Date of commencement of partner’s leave 21Right of employee to determine date of commencement of partner’s leave 22Right of employer and employee to determine date of commencement of partner’s leave by agreement

Part 3:
Extended leave

23Entitlement of employee to extended leave 24Entitlement of adoptive parent to extended leave 25Restriction where 2 or more children born or adopted at one time 26Duration of extended leave 27Period during which extended leave may be taken 28Sharing of extended leave 29Extended leave may be taken consecutively or concurrently with leave taken by partner 30Termination of extended leave

Part 3A:
Primary carers not eligible for primary carer leave may request negotiated carer leave

30AObject of this Part

Employee's right to make request

30BEmployee may make request 30CRequirements relating to request

Duties of employer

30DEmployer must notify decision as soon as possible 30EGrounds for refusal of request by employer

Resolving disputes

30FLimitation on challenging employer 30GRole of Labour Inspector 30HLabour Inspectors and mediation 30IApplication to Employment Relations Authority 30JPenalty

Part 3B:
COVID-19 response workers

30JARepeal of this Part 30JBRetrospective application of this Part 30JCInterpretation 30JDMeaning of COVID-19 response worker 30JECOVID-19 response work day is not keeping-in-touch day

Parental leave payments

30JFApplication for parental leave payments after period of COVID-19 response work 30JGCOVID-19 response worker must notify temporary return to work if receiving payment 30JHNo payments in relation to period of COVID-19 response work 30JIEnd of parental leave payments 30JJPrimary carer leave need not be for 1 continuous period 30JKPayment need not relate to 1 continuous period

Extended leave

30JLApplicable end date for extended leave

Preterm baby payments

30JMPreterm baby payments

Remuneration and holiday pay for COVID-19 response workers

30JNRemuneration and holiday pay for COVID-19 response workers

Subsequent children

30JOParental leave within 6 months of end of previous period of parental leave in respect of another child 30JPSubsequent parental leave payments

Regulations

30JQRegulations

Department’s discretion in relation to this Part

30JRDepartment’s discretion about irregular applications

Role of Labour Inspectors in relation to this Part

30JSLabour Inspectors may make determinations

Part 4:
Requirements concerning notice

31Obligation to notify employer 32Requirements where extended leave sought 33Requirements where primary carer is not biological mother or her spouse or partner 34Incomplete notification 35Failure to notify employer 36Obligation to notify employee 37Requirement where employee wishes to begin primary carer leave early 38Employer's notice in relation to return to work and preference for appointment 39Employee's notice in relation to return to work 39ASuccession to employee's entitlements

Part 5:
Rights and obligations after commencement of parental leave

40Presumption that employee's position can be kept open in the case of first period of parental leave not exceeding 4 weeks 41Presumption that employee's position can be kept open in the case of other periods of parental leave 42Employer's obligations in respect of remuneration and holiday pay 43Continuity of employment 44Contributions to superannuation schemes 45Early ending and extension of parental leave 46Failure to return to work 47Failure to accept employment 48Workers employed to replace employees on parental leave

Part 6:
Protection of employment

49Dismissal by reason of pregnancy or parental leave prohibited 50Special defences relating to dismissal 51Special defences relating to dismissal during parental leave 52Special defence relating to dismissal during the 26 weeks following parental leave 53Redundancy payments not affected 54Dismissal for cause not affected

Part 7:
Remedies available to employees

55Interim order 56Parental leave complaints 57Procedures for settlement of parental leave complaints 58Power to refer complaint to Employment Relations Authority 59Role of institutions 60Decisions 61Appeals to Labour Court in respect of decision of complaint committee 62Appeals to Court of Appeal on question of law 63Court of Appeal may refer appeals back for reconsideration 64Duty to promote settlement 65Remedies 66Reinstatement 67Power to refer complaint to Labour Court 68Non-compliance with formal requirements 69Penalties 70Enforcement of judgments

Role of Labour Inspectors in relation to employees

70ALabour Inspectors may make determinations in respect of employees 70BDemand notice 70CObjections to determination or demand notice 70DConsequences of demand notice 70EAuthority to determine entitlement to parental leave on objection 70FWithdrawal of demand notice

Role of Labour Inspectors in relation to self-employed persons

70GLabour Inspectors may make determinations in respect of self-employed persons

State employees

71Procedures available to State employees

Part 7A:
Payment for parental leave

Preliminary provisions

71APurpose 71ABApplication to members of Armed Forces 71BOverview

Interpretation

71CInterpretation of this Part 71CADefinition of eligible employee 71CAACalculation of employee’s average weekly income from work 71CBDefinition of eligible self-employed person 71CBACalculation of self-employed person’s average weekly income from work 71CCMultiple self-employment 71CDReturn to work by self-employed person

Keeping-in-touch days

71CEKeeping-in-touch days

Entitlement to parental leave payment

71DEntitlement to parental leave payments

Entitlement to preterm baby payments

71DAEntitlement to preterm baby payment 71DBAdditional keeping-in-touch hours for primary carers who receive preterm baby payments

Transfer of entitlement to spouse or partner

71EEntitlement may be transferred to spouse or partner 71EAEffect of transfer of entitlement to spouse or partner

Restrictions on parental leave payments

71FSubsequent parental leave payments 71GParental tax credit 71HJoint adoptions

Applications for parental leave payment

71IApplications for payment 71IADiscretion to approve irregular applications

Duration of parental leave payment

71JDuration of parental leave payment 71KStart of parental leave payment 71LEnd of parental leave payment 71LAEnd of parental leave payment for self-employed persons

Amount of parental leave payment

71MAmount of parental leave payment 71NAnnual adjustment of parental leave payment rates 71ODiscretionary increases in payment amount by Order in Council 71OAAnnual adjustment of minimum rates of parental leave payment for self-employed persons 71PAmount of payment not affected by other non-statutory entitlements

Administration

71QPayments must come out of public money 71RMethod of payment 71SBackdating of payments 71TObligation of employer to notify employee of payment entitlements 71UObligation to notify early return to work, etc 71VNon-return to work does not affect payment 71WObligation to supply information 71XRecovery of debts by department 71YRecovery of payments 71ZOffence to mislead department 71ZAChief executive may delegate 71ZBReview of department's decisions about parental leave payment

Part 8:
Miscellaneous provisions

72Contracting out: holiday pay while on parental leave 72AEligibility criteria based on average hours of work and allowing for periods of authorised leave 72BSuccession to spouse's or partner's entitlements 72CDate of succession to spouse's or partner's entitlements 72DApplication of Employment Relations Act 2000 in case of self-employed persons 73Regulations 73ARegulations are confirmable instruments 74Repeal 75Consequential amendments 76Transitional provisions 77Savings provisions

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

Schedule 1:
Change of employer

Parental Leave and Employment Protection Act 1987

COVID-19 response workers - Subsequent children

30JO: Parental leave within 6 months of end of previous period of parental leave in respect of another child

You could also call this:

"Having another baby soon after parental leave"

This section of the law used to talk about taking parental leave within 6 months after you finished a previous period of parental leave for another child. However, this part of the law has been removed and will not apply after 20 January 2025.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 7 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS350850.

30JN: Remuneration and holiday pay for COVID-19 response workers, or

"Pay rules for COVID-19 workers no longer apply"

30JP: Subsequent parental leave payments, or

"This part about extra parental leave money has been taken out of the law"

Part 3BCOVID-19 response workers
Subsequent children

30JOParental leave within 6 months of end of previous period of parental leave in respect of another child (Repealed)

Notes

Section 30JO: repealed, on 20 January 2025, by section 30JA.