New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 43

43 Continuity of employment

Where an employee resumes service with the same employer at the end of a period of parental leave or while the employee is entitled, following parental leave, to preference in obtaining employment with the employee's employer—

a) the employee's service, for the purpose of any rights and benefits that are conditional on unbroken service, shall not be broken—

i) by the taking of parental leave; or

ii) by the employee being without a position in the employer's service during part of the period of preference; or

iii) by both; and

b) any period during which the employee was on parental leave and any period during which the employee was entitled, following parental leave, to preference in obtaining employment with the employer shall count,—

i) subject to section 42 , as time served under the employee's employment agreement; and

ii) subject to section 44 , as service for the purpose of any superannuation scheme to which the employee belongs in the employee's capacity as an employee of the employer.

Note: 1980 No 162 s 22

History: Section 43(b)(i): amended, on 1 July 2002, by section 22 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).