New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 71I

71I Applications for payment

1 A person is not entitled to a parental leave payment unless he or she makes an application for payment in accordance with this section.

2 The application must—

a) be made by the employee or self-employed person before the earliest of the following:

i) the date on which the person returns to work:

ii) the date on which the child attains the age of 12 months (in the case of a child born to the person or to the person’s spouse or partner):

iii) the date that is the first anniversary of the first date on which either the person or the person’s spouse or partner became the primary carer in respect of the child (in any other case).

b) be made in the manner prescribed in regulations; and

c) specify the matters, and be accompanied by the documents, prescribed in regulations; and

d) state whether or not the person wishes to transfer all or part of the entitlement under section 71E .

2A In the case of an employee or a self-employed person who is a primary carer under section 7(1)(b)(iii) , subsection (2)(a) does not apply, and the application must be made before, or within a reasonable period after, the earliest of the following:

a) the date on which the person returns to work; or

b) the date that is the first anniversary of the date on which the person became the primary carer in respect of the child.

3 An employer must comply with any provision in the regulations that requires the employer to specify matters in, or attach documents to, or sign, an application under this section.

4 This section is subject to section 71IA .

History: Section 71I: inserted, on 1 July 2002, by section 4(2) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).   Section 71I(1): replaced, on 1 April 2016, by section 63(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71I(2)(a): replaced, on 1 April 2016, by section 63(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71I(2)(d): amended, on 1 April 2016, by section 63(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71I(2)(d): amended, on 1 July 2006, by section 30(2) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).     Section 71I(2A): inserted, on 13 January 2020, by section 21 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).     Section 71I(4): added, on 1 July 2006, by section 30(3) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).