New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 71M

71M Amount of parental leave payment

1 The rate of parental leave payment payable to any eligible employee is the lesser of—

a) $788.66 per week (or any adjusted amount set under section 71N(1) or any other amount set under section 71O ); and

b) the greater of—

i) 100% of the employee's ordinary weekly pay before the commencement of the parental leave payments; and

ii) 100% of the employee's average weekly income from work.

1A The rate of parental leave payment payable to any eligible self-employed person is the lesser of—

a) $788.66 per week (or any adjusted amount set under section 71N(1) or any other amount set under section 71O ); and

b) the greater of—

i) 100% of the self-employed person's average weekly income from work; and

ii) the minimum amount of parental leave payment for a self-employed person set under section 71N(4) .

1B The rate of parental leave payment payable to a person who is eligible for a parental leave payment as an employee and also as a self-employed person may not exceed $788.66 per week (or any adjusted amount set under section 71N(1) or any other amount set under section 71O ), despite subsections (1) and (1A).

2

History: Section 71M: 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 71M(1): amended, on 1 April 2016, by section 69(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71M(1)(a): $788.66 is the adjusted amount for the purposes of section 71M(1)(a), on 1 July 2025, pursuant to section 71N(5) . Adjustments to the rate of parental leave payment payable to any eligible employee are published and maintained by the Ministry of Business, Innovation, and Employment .     Section 71M(1)(a): amended, on 1 April 2016, by section 69(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71M(1)(a): amended, on 1 July 2006, by section 36(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).     Section 71M(1)(b)(i): amended, on 1 April 2016, by section 69(4) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71M(1)(b)(i): amended, on 1 July 2006, by section 36(2) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).     Section 71M(1)(b)(i): amended, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).     Section 71M(1)(b)(ii): amended, on 1 April 2016, by section 69(5) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71M(1A): inserted, on 1 July 2006, by section 36(3) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).     Section 71M(1A): amended, on 1 April 2016, by section 69(7) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71M(1A)(a): $788.66 is the adjusted amount for the purposes of section 71M(1A)(a), on 1 July 2025, pursuant to section 71N(5) . Adjustments to the rate of parental leave payment payable to any eligible self-employed person are published and maintained by the Ministry of Business, Innovation, and Employment .     Section 71M(1A)(a): amended, on 1 April 2016, by section 69(8) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71M(1A)(b)(i): amended, on 1 April 2016, by section 69(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71M(1A)(b)(ii): amended, on 1 April 2016, by section 69(10) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71M(1B): inserted, on 1 July 2006, by section 36(3) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).     Section 71M(1B): $788.66 is the adjusted amount for the purposes of section 71M(1B), on 1 July 2025, pursuant to section 71N(5) . Adjustments to the rate of parental leave payment payable to any person who is eligible for a parental leave payment as an employee and also as a self-employed person are published and maintained by the Ministry of Business, Innovation, and Employment .     Section 71M(1B): amended, on 1 April 2016, by section 69(12) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71M(2): repealed, on 1 July 2006, by section 36(4) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).