New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 77

77 Savings provisions

1 Notwithstanding the repeal of the Maternity Leave and Employment Protection Act 1980 by section 74 , a female employee shall be entitled after the commencement of this Act to take maternity leave in accordance with that Act in respect of a child—

a) the expected date of delivery of whom is on or after 1 October 1987 but before 1 January 1988; or

b) of whom the employee assumes care on or after 1 October 1987 but before 1 January 1988 with a view to adoption by that employee or by that employee and that employee's spouse jointly,—

and the female employee shall be entitled to the same rights and benefits as the rights and benefits to which the female employee would have been entitled if the maternity leave had been taken before the repeal of the Maternity Leave and Employment Protection Act 1980 .

2 The repeal of the Maternity Leave and Employment Protection Act 1980 by section 74 shall not affect, reduce, or extinguish—

a) any rights or entitlements conferred, or any obligations imposed, by that Act on a female employee who—

i) is on maternity leave under that Act on 1 October 1987; or

ii) is absent on 1 October 1987 during a period of preference in obtaining employment in the employment of that employee's employer following any period of maternity leave taken under that Act; or

iii) commences, after 1 October 1987, maternity leave under that Act in accordance with subsection (1):

b) any obligations imposed, or any rights conferred, by that Act on an employer of a female employee referred to in paragraph (a).

3 All matters and proceedings—

a) commenced before the repeal of the Maternity Leave and Employment Protection Act 1980 :

b) commenced after the repeal of the Maternity Leave and Employment Protection Act 1980 in relation to—

i) the rights, entitlements, or obligations of any female employee to whom subsection (2)(a) relates; or

ii) the obligations or rights of any employer to whom subsection (2)(b) relates,—

may be continued and determined in accordance with the provisions of the Maternity Leave and Employment Protection Act 1980 .