New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 71N

71N Annual adjustment of parental leave payment rates

1 The rates of parental leave payment that apply to eligible employees under section 71M(1)(a) and eligible self-employed persons under section 71M(1A)(a) and persons who are eligible for a parental leave payment as an employee and as a self-employed person under section 71M(1B) are adjusted, by this section, by increasing the rate by the same percentage as any percentage movement upward in average ordinary time weekly earnings as calculated under subsection (2).

2 The adjustment required by subsection (1) is calculated as follows:

a) the percentage movement is the annual percentage movement in the February average ordinary time weekly earnings (employees) immediately before the 1 July date on which the adjustment is to take effect, as published in the Quarterly Employment Survey; and

b) if, in that 12-month period, there is a downward percentage movement in average ordinary time weekly earnings (employees), as published in that survey,—

i) no adjustment takes effect under subsection (1) on the following 1 July; and

ii) an adjustment on any succeeding 1 July is the percentage movement in the February average ordinary time weekly earnings (employees) between the February series before the date of the last adjustment and the February series before the 1 July date on which the next adjustment is to take effect; and

c) any correction to the Quarterly Employment Survey that is published after 15 May in the current year must be disregarded until the adjustment that takes effect on 1 July in the following year.

3 In subsection (2),
"Quarterly Employment Survey" means the Quarterly Employment Survey published by Statistics New Zealand or, if that survey ceases to be published, any measure certified by the Government Statistician as being equivalent to that survey.

4 The minimum rate of parental leave payment that applies to self-employed persons under section 71M(1A)(b)(ii) is adjusted, by this section, as at 1 July each year, as a weekly amount that is equivalent to 10 hours' work at the highest rate of the minimum wage that applies under the Minimum Wage Act 1983 at that date.

5 The Minister must, as soon as practicable after 1 July each year,—

a) publish the adjusted rates for employees and self-employed persons on an Internet site maintained by or on behalf of the department; and

b) advise the Chief Parliamentary Counsel of those rates.

History: Section 71N: replaced, on 1 April 2016, by section 70 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).   Section 71N(1): amended, on 1 June 2017, by section 12(1) of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).     Section 71N(2): amended, on 1 June 2017, by section 12(2) of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).     Section 71N(2)(a): amended, on 1 June 2017, by section 12(3) of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).     Section 71N(2)(b)(ii): amended, on 1 June 2017, by section 12(4) of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).     Section 71N(4): amended, on 1 June 2017, by section 12(5) of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).     Section 71N(5): replaced, on 1 June 2017, by section 12(6) of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).