New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 23

23 Entitlement of employee to extended leave

1 Except as otherwise provided in this Act, an employee is entitled to extended leave if—

a) the employee—

i) is the primary carer in respect of a child; or

ii) is the spouse or partner of the primary carer in respect of a child and assumes or intends to assume responsibility for the care of that child; and

b) the employee meets—

i) the 6-month employment test (in which case the maximum duration of extended leave is 26 weeks, as set out in section 26(1)(a) ); or

ii) the 12-month employment test (in which case the maximum duration of extended leave is 52 weeks, as set out in section 26(1)(b) ).

2 An employee is not entitled to extended leave in respect of a child under subsection (1) if that employee has previously taken, in respect of that child, 1 or more periods of leave that in total amount to the employee’s maximum entitlement under section 26(1)(a) or (b) , whether that leave is—

a) extended leave under this Act; or

b) a period of leave in the nature of extended leave under any Act other than this Act, or any employment agreement.

History: Section 23: replaced, on 1 April 2016, by section 32 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).