New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 72B

72B Succession to spouse's or partner's entitlements

1 A spouse or partner of an employee may succeed to the employee's rights to parental leave and to a parental leave payment under this Act if, at any time after the employee gives notice to his or her employer of a wish to take parental leave,—

a) the employee dies; or

b) the spouse or partner becomes the person who has permanent primary responsibility for the care, development, and upbringing of the child, to the exclusion of the employee.

2 The spouse or partner of a self-employed person may succeed to the self-employed person's rights to a parental leave payment under this Act if, at any time after the self-employed person commences parental leave,—

a) the self-employed person dies; or

b) the spouse or partner becomes the person who has permanent primary responsibility for the care, development, and upbringing of the child, to the exclusion of the self-employed person.

3 The spouse or partner (the
"successor" ) may succeed to the employee’s parental leave entitlements if, and only if, the successor is an employee and—

a) meets the criteria for parental leave under any of section 8, 17, or 23 ; and

b) gives reasonable notice to his or her employer of his or her wish to succeed under this section.

3A The spouse or partner (the
"successor" ) may succeed to the employee’s or self-employed person’s parental leave payment entitlements if, and only if, the successor—

a) meets the parental leave payment threshold test; and

b) stops working as an employee or a self-employed person, including by taking a period of parental leave, for the period in relation to which the parental leave payments are made; and

c) gives reasonable notice to the department of his or her wish to succeed to a parental leave payment under this section.

4 A succession under this section is treated, for the purpose of Part 7A , as if it were a transfer under section 71E , and that Part applies with necessary modifications.

5 Subsections (1) and (2) are subject to subsections (3) and (3A).

6 This section applies to a member of the Armed Forces as if the member of the Armed Forces were an employee of the Chief of Defence Force, except that a member of the Armed Forces may not succeed to the member’s spouse’s or partner’s entitlement to parental leave.

History: Section 72B: inserted, on 1 July 2006, by section 44 of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).   Section 72B(1)(b): replaced, on 1 April 2016, by section 78(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 72B(2)(b): replaced, on 1 April 2016, by section 78(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 72B(3): replaced, on 1 April 2016, by section 78(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 72B(3A): inserted, on 1 April 2016, by section 78(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 72B(5): inserted, on 1 April 2016, by section 78(4) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 72B(6): inserted, on 1 April 2016, by section 78(4) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).