New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 71D

71D Entitlement to parental leave payments

1 A person is entitled to a parental leave payment under this Part, if—

a) the person is—

i) an eligible employee or an eligible self-employed person; or

ii) a person to whom all or part of an entitlement to a parental leave payment is transferred under section 71E ; or

iii) a person who succeeds to all or part of an entitlement to a parental leave payment under section 72B ; and

b) during the period in relation to which the person receives parental leave payments, the person—

i) is not employed or self-employed; or

ii) takes parental leave from their employment or self-employment.

2 Despite subsection (1), a person who becomes the primary carer in respect of a child who is under the age of 6 years is not entitled to parental leave payments in respect of that child if—

a) the person has previously received parental leave payments in respect of that child; or

b) the person’s spouse or partner has previously received parental leave payments in respect of that child (unless the person’s entitlement arises from a transfer under section 71E or by succession under section 72B ).

2A Subsection (2) does not apply to a person who is a primary carer under section 7(1)(b)(iii) .

2B Despite subsection (1), a person who is the primary carer under section 7(1)(c) is entitled to a parental leave payment under this Part if the person stops working as an eligible employee or an eligible self-employed person within a reasonable period after becoming the primary carer.

3 This section is subject to sections 71F to 71IA (restrictions on parental leave payments and making an application for payment).

History: Section 71D: replaced, on 1 April 2016, by section 58 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).   Section 71D(2A): inserted, on 13 January 2020, by section 20 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).     Section 71D(2B): inserted, on 1 July 2025, by section 51 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).