New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987

- As at 1 July 2025
- Act 129 of 1987

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement
   1A.     Purpose
   1B.     Outline
   2.      Interpretation
   2A.     Multiple employments generally
   2AB.    Multiple employments of certain medical practitioners
   2AC.    Multiple employments of teachers
   2AD.    Concurrent employment and self-employment
   2B.     Multiple children
   2BA.    Thresholds for entitlements
   2C.     Transitional, savings, and related provisions
   3.      Act to bind the Crown
   4.      Application of this Act to employees who have non-statutory rights to parental leave
   5.      Restriction on parental leave under this Act where employee or employee's spouse or partner takes parental leave under any other provision
   6.      Restriction on taking of parental leave within 6 months of end of previous period of parental leave in respect of another child
   6A.     Treatment of employment with same employer for purposes of determining subsequent parental leave entitlements

   PART 1 - Primary carerleave
   Note

   7.      Meaning of primary carer
   8.      Entitlement to primary carer leave
   9.      Duration of primary carer leave
   10.     Date of commencement of primary carer leave
   11.     Right of employee to determine date of commencement of primary carer leave
   12.     Right of employer and employee to determine date of commencement of primary carer leave by agreement
           Note
   13.     Right of medical practitioner or midwife to determine date of commencement of primary carer leave
   14.     Right of employer to appoint date of commencement of primary carer leave
   15.     Special leave
   16.     Ability to perform work

   PART 2 - Partner’sleave
   Note

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

   PART 3 - Extended leave

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

   PART 3A - Primary carers not eligible for primary carer leave may request negotiated carer leave
   Note

   30A.    Object of this Part
           Note
   30B.    Employee may make request
   30C.    Requirements relating to request
           Note
   30D.    Employer must notify decision as soon as possible
   30E.    Grounds for refusal of request by employer
           Note
   30F.    Limitation on challenging employer
   30G.    Role of Labour Inspector
   30H.    Labour Inspectors and mediation
   30I.    Application to Employment Relations Authority
   30J.    Penalty

   PART 3B - COVID-19 response workers
   Note

   30JA.   Repeal of this Part
   30JB.   Retrospective application of this Part
   30JC.   Interpretation
   30JD.   Meaning of COVID-19 response worker
   30JE.   COVID-19 response work day is not keeping-in-touch day
           Note
   30JF.   Application for parental leave payments after period of COVID-19 response work
   30JG.   COVID-19 response worker must notify temporary return to work if receiving payment
   30JH.   No payments in relation to period of COVID-19 response work
   30JI.   End of parental leave payments
   30JJ.   Primary carer leave need not be for 1 continuous period
   30JK.   Payment need not relate to 1 continuous period
           Note
   30JL.   Applicable end date for extended leave
           Note
   30JM.   Preterm baby payments
           Note
   30JN.   Remuneration and holiday pay for COVID-19 response workers
           Note
   30JO.   Parental leave within 6 months of end of previous period of parental leave in respect of another child
   30JP.   Subsequent parental leave payments
           Note
   30JQ.   Regulations
           Note
   30JR.   Department’s discretion about irregular applications
           Note
   30JS.   Labour Inspectors may make determinations

   PART 4 - Requirements concerning notice

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

   PART 5 - Rights and obligations after commencement of parental leave

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

   PART 6 - Protection of employment

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

   PART 7 - Remedies available to employees

   55.     Interim order
   56.     Parental leave complaints
   57.     Procedures for settlement of parental leave complaints
   58.     Power to refer complaint to Employment Relations Authority
   59.     Role of institutions
   60.     Decisions
   61.     Appeals to Labour Court in respect of decision of complaint committee
   62.     Appeals to Court of Appeal on question of law
   63.     Court of Appeal may refer appeals back for reconsideration
   64.     Duty to promote settlement
   65.     Remedies
   66.     Reinstatement
   67.     Power to refer complaint to Labour Court
   68.     Non-compliance with formal requirements
   69.     Penalties
   70.     Enforcement of judgments
           Note
   70A.    Labour Inspectors may make determinations in respect of employees
   70B.    Demand notice
   70C.    Objections to determination or demand notice
   70D.    Consequences of demand notice
   70E.    Authority to determine entitlement to parental leave on objection
   70F.    Withdrawal of demand notice
           Note
   70G.    Labour Inspectors may make determinations in respect of self-employed persons
           Note
   71.     Procedures available to State employees

   PART 7A - Payment for parental leave
   Note
   Note

   71A.    Purpose
   71AB.   Application to members of Armed Forces
   71B.    Overview
           Note
   71C.    Interpretation of this Part
   71CA.   Definition of eligible employee
   71CAA.  Calculation of employee’s average weekly income from work
   71CB.   Definition of eligible self-employed person
   71CBA.  Calculation of self-employed person’s average weekly income from work
   71CC.   Multiple self-employment
   71CD.   Return to work by self-employed person
           Note
   71CE.   Keeping-in-touch days
           Note
   71D.    Entitlement to parental leave payments
           Note
   71DA.   Entitlement to preterm baby payment
   71DB.   Additional keeping-in-touch hours for primary carers who receive preterm baby payments
           Note
   71E.    Entitlement may be transferred to spouse or partner
   71EA.   Effect of transfer of entitlement to spouse or partner
           Note
   71F.    Subsequent parental leave payments
   71G.    Parental tax credit
   71H.    Joint adoptions
           Note
   71I.    Applications for payment
   71IA.   Discretion to approve irregular applications
           Note
   71J.    Duration of parental leave payment
   71K.    Start of parental leave payment
   71L.    End of parental leave payment
   71LA.   End of parental leave payment for self-employed persons
           Note
   71M.    Amount of parental leave payment
   71N.    Annual adjustment of parental leave payment rates
   71O.    Discretionary increases in payment amount by Order in Council
   71OA.   Annual adjustment of minimum rates of parental leave payment for self-employed persons
   71P.    Amount of payment not affected by other non-statutory entitlements
           Note
   71Q.    Payments must come out of public money
   71R.    Method of payment
   71S.    Backdating of payments
   71T.    Obligation of employer to notify employee of payment entitlements
   71U.    Obligation to notify early return to work, etc
   71V.    Non-return to work does not affect payment
   71W.    Obligation to supply information
   71X.    Recovery of debts by department
   71Y.    Recovery of payments
   71Z.    Offence to mislead department
   71ZA.   Chief executive may delegate
   71ZB.   Review of department's decisions about parental leave payment

   PART 8 - Miscellaneous provisions

   72.     Contracting out: holiday pay while on parental leave
   72A.    Eligibility criteria based on average hours of work and allowing for periods of authorised leave
   72B.    Succession to spouse's or partner's entitlements
   72C.    Date of succession to spouse's or partner's entitlements
   72D.    Application of Employment Relations Act 2000 in case of self-employed persons
   73.     Regulations
   73A.    Regulations are confirmable instruments
   74.     Repeal
   75.     Consequential amendments
   76.     Transitional provisions
   77.     Savings provisions
           SCHEDULE 1AA
           SCHEDULE 1