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PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 8

Entitlement to primary carer leave

8 Entitlement to primary carer leave

1 An employee may take primary carer leave if the employee
a) is the primary carer in respect of a child; and
b) meets the 6-month employment test or the 12-month employment test.
2 No employee may take primary carer leave under subsection (1) in respect of a child if the employee has previously taken a period of leave in respect of that child, being—
a) parental leave under this Act; or
b) a period of leave in the nature of parental leave under any Act other than this Act or under any employment agreement.
3 Subsection (2) does not apply to an employee who is a primary carer under section 7(1)(b)(iii) .
History: Section 8: replaced, on 1 April 2016, by section 16 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).   Section 8(3): inserted, on 13 January 2020, by section 15 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).  



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