New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 49

49 Dismissal by reason of pregnancy or parental leave prohibited

1 No employer shall terminate the employment of any employee—

a) by reason of, in the case of a female employee,—

i) her pregnancy; or

ii) her state of health during her pregnancy, unless her state of health during her pregnancy is materially affected by causes not related to her pregnancy; or

b) by reason of, in the case of any employee,—

i) the employee indicating that the employee wishes to take parental leave under this Act or rights and benefits in the nature of parental leave under any provision other than this Act; or

ii) the employee, or the employee’s spouse or partner, becoming the primary carer in respect of a child; or

c) during the employee's absence on parental leave or during the period of 26 weeks beginning with the day after the date on which any period of parental leave ends.

2 It shall not be a contravention of subsection (1) for an employer to terminate the employment of an employee—

a) with the employee's consent; or

b) where solely on account of—

i) the pregnancy of a female employee or the employee's spouse or partner; or

ii) the employee becoming the primary carer in respect of a child,—

the employee absents himself or herself from work (other than with the agreement of the employee's employer or in accordance with section 13 or section 14 ) for any period which the employee is not entitled to take as leave by reason of any provision of this Act or any entitlement to parental leave contained in any provision other than this Act.

Note: 1980 No 162 s 27

History: Section 49(1)(b)(ii): replaced, on 1 April 2016, by section 42(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).   Section 49(2)(b)(i): amended, on 26 April 2005, by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).     Section 49(2)(b)(ii): replaced, on 1 April 2016, by section 42(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).