New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 17

17 Entitlement of spouse or partner of primary carer to partner’s leave

1 An employee may take partner’s leave if the employee—

a) is the spouse or partner of the primary carer in respect of a child; and

b) assumes or intends to assume responsibility for the care of that child; and

c) meets the 6-month employment test or the 12-month employment test.

2 Despite subsection (1), an employee may not take partner’s leave in respect of a child under subsection (1) if—

a) the employee has previously taken, in respect of that child, a period of leave, being—

i) partner’s leave under this Act; or

ii) a period of leave in the nature of partner’s leave under any Act other than this Act or under any employment agreement; or

b) the employee is the biological mother of the child and transferred her parental leave payment entitlements to her spouse or partner under section 71E .

History: Section 17: replaced, on 1 April 2016, by section 26 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).