New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 42

42 Employer's obligations in respect of remuneration and holiday pay

1 Subject to subsections (2) and (3), the employer of an employee who takes any form of parental leave in accordance with this Act shall not be obliged to pay that employee any remuneration for—

a) any period of the employee's parental leave under this Act; or

b) any period during which the employee is entitled under this Act, following any period of parental leave, to preference in obtaining employment with the employer.

2 If an employee becomes entitled to an annual holiday on pay during—

a) a period of parental leave under this Act; or

b) a period of preference in obtaining employment; or

c) the period of 12 months commencing with the date on which the employee returns to work after a period of parental leave under this Act or a period of preference in obtaining employment,—

the employee is, despite anything in section 21 of the Holidays Act 2003 , entitled to holiday pay for that holiday only at the rate of the employee's average weekly earnings (as defined in section 5(1) of the Holidays Act 2003 ) for the 12 months immediately before the end of the last pay period before the annual holiday is taken or paid out.

3

Note: 1980 No 162 s 7

History: Section 42(2): substituted, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).   Section 42(2): amended, on 1 April 2016, by section 40 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 42(2): amended, on 1 April 2011, by section 18 of the Holidays Amendment Act 2010 (2010 No 126).     Section 42(3): repealed, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).