Parental Leave and Employment Protection Amendment Act 2004

1: Title
1: This Act is the Parental Leave and Employment Protection Amendment Act 2004.
2: In this Act, the Parental Leave and Employment Protection Act 1987 the principal Act
2: Commencement
1: Sections 4 8 23 26
2: Part 2 section 26 Schedule 2
3: The rest of this Act comes into force on 1 December 2004.
1: Amendments that come into force on 1 December 2004
3: Purpose of this Part
The purpose of this Part is—
a: to clarify that the employment of a teacher in more than 1 State or integrated school (whether at the same time or consecutively) is 1 employment under the principal Act; and
b: to provide that the employment of certain medical practitioners by more than 1 district health board is 1 employment under the principal Act; and
c: to provide, for the period from 1 December 2004 to 30 November 2005, an entitlement to 13 weeks of maternity leave and parental leave payments for employees who have worked for their employer for at least an average of 10 hours a week for the immediately preceding 6 months; however these employees are not entitled to extended leave; and
d: to provide an entitlement to 1 week of unpaid partner's/paternity leave for employees who have worked for their employer for at least an average of 10 hours a week for the immediately preceding 6 months; however these employees are not entitled to extended leave; and
e: to allow extended partner's/paternity leave for the period of parental leave payments for certain employees who have worked for their employer for at least an average of 10 hours a week for the immediately preceding 6 months; and
f: to increase, for the period from 1 December 2004 to 30 November 2005, the duration of parental leave payments from 12 to 13 weeks.
4: Application of this Part
1: This Part applies to an employee who takes parental leave from his or her employment in respect of a child if—
a: the expected date of delivery of the child is on or after 1 December 2004; or
b: the child is born on or after 1 December 2004; or
c: in the case of adoption, the date on which the employee or the employee's spouse or partner
2: An employee to whom this Part applies may, before 1 December 2004,—
a: give notice of a wish to take parental leave (under section 23
b: take special leave in accordance with section 15
c: apply for a parental leave payment under Part 7A Subsection (1)(c) amended 26 April 2005 9(1) Parental Leave and Employment Protection Amendment Act 2005 by inserting the words or partner spouse
5: Long Title
The Long Title of the principal Act is amended by omitting the words 12 weeks 13 weeks
6: Interpretation
Section 2(3) (or 6-month period, as the case may be)
7: Interpretation: multiple employments
The heading to section 2A generally
8: New
sections 2AB 2AC The principal Act is amended by inserting, after section 2A
2AB: Interpretation: multiple employments of certain medical practitioners
1: This section applies to a medical practitioner who is an employee of a district health board and,—
a: is undertaking training that is described by the Minister by notice in the Gazette
b: in order to complete the training, is required to work for more than 1 district health board.
2: For the purposes of determining the entitlement of a medical practitioner to whom this section applies to rights and benefits in respect of parental leave and parental leave payment, if, during a 12-month period (or 6-month period, as the case may be), the medical practitioner is employed by more than 1 district health board consecutively, those employments must be treated as 1 employment.
3: A notice published under this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
4: This section overrides section 2A
2AC: Interpretation: multiple employments of teachers
1: For the purposes of determining the entitlement of a teacher to rights and benefits in respect of parental leave and parental leave payment, if, during a 12-month period (or 6-month period as the case may be), the teacher is employed by more than 1 Board of Trustees to work in more than 1 State school or integrated school (whether concurrently or consecutively), those employments must be treated as 1 employment.
2: In subsection (1) Board of Trustees Part 9 of the Education Act 1989 integrated school section 145 of the Education Act 1989 State school section 2(1) of the Education Act 1989 teacher section 91A of the Education Act 1989
3: This section overrides section 2A
9: Entitlement of female employee to maternity leave
Section 7 paragraph (b)
b: who, at the expected date of delivery, will have been in the employment of the same employer for at least an average of 10 hours a week over—
i: the immediately preceding 12 months; or
ii: the immediately preceding 6 months,— .
10: Entitlement of adoptive mother to maternity leave
Section 8(1) paragraph (b)
b: who, at the date on which she, with a view to adoption, first assumes the care of the child, will have been in the employment of the same employer for at least an average of 10 hours a week over—
i: the immediately preceding 12 months; or
ii: the immediately preceding 6 months,— .
11: Duration of maternity leave
1: Section 9 subsection (1)
1: Subject to subsection (2)
a: 14 weeks if section 7(b)(i) or section 8(1)(b)(i)
b: 13 weeks if section 7(b)(ii) or section 8(1)(b)(ii)
2: Section 9 subsection (3)
3: A period of maternity leave in excess of 13 or 14 weeks (as the case may be) taken by a female employee under subsection (2) section 26
12: Entitlement of employee to partner's/paternity leave
Section 17 paragraph (c)
c: who, at the expected date of delivery for that child, will have been in the employment of the same employer for at least an average of 10 hours a week over—
i: the immediately preceding 12 months; or
ii: the immediately preceding 6 months,— .
13: Entitlement of other adoptive parent to partner's/paternity leave
Section 18(1) paragraph (b)
b: who, at the date on which he or she, with a view to adoption, first assumes the care of the child, will have been in the employment of the same employer for at least an average of 10 hours a week over—
i: the immediately preceding 12 months; or
ii: the immediately preceding 6 months,— .
14: New
sections 19 to 19B The principal Act is amended by repealing section 19
19: Duration of partner's/paternity leave
Partner's/paternity leave must be taken in 1 continuous period not exceeding—
a: 2 weeks if section 17(c)(i) or section 18(1)(b)(i)
b: 1 week if section 17(c)(ii) or section 18(1)(b)(ii)
19A: Extension of partner's/paternity leave entitlements in certain circumstances
1: This section applies if—
a: an employee ( employee A
i: maternity leave under section 7(b) or section 8(1)(b)
ii: partner's/paternity leave under section 18(1)(b)
b: employee A's spouse ( employee B section 17(c)(ii) or 18(1)(b)(ii)
c: employee A transfers all or part of his or her entitlement to parental leave payments to employee B under section 71E
2: Employee B's entitlement to partner's/paternity leave is extended so that it is the same as the period of parental leave payments transferred to him or her.
3: However, if section 7(b)(ii) or section 8(1)(b)(ii) or section 18(1)(b)(ii)
4: The taking by employee B of partner's/paternity leave under section 19 subsection (3)
19B: Extension of partner's/paternity leave of adoptive parent
1: This section applies if section 18(1)(b)(ii)
a: assumes alone, with a view to adoption, the care of a child; or
b: is nominated as primarily entitled to a parental leave payment under section 71H
2: The employee's entitlement to partner's/paternity leave is the shorter of the following:
a: 13 weeks (including any period of partner's/paternity leave to which the employee is entitled under section 19
b: if subsection (1)(b)
15: Duration of extended leave
1: Section 26(1) subsection (2) subsections (2) and (4)
2: Section 26 subsection (4)
4: The taking by an employee of a period of partner's/paternity leave affects the period of extended leave to which the employee and his or her spouse are entitled in accordance with this Act as follows:
a: the period is not reduced by the taking of partner's/paternity leave referred to in section 19
b: the period is reduced by the period of extended partner's/paternity leave taken under section 19A or section 19B
16: Early ending and extension of parental leave
Section 45(4) paragraph (b)
b: in the case of a period of partner's/paternity leave, the duration of partner's/paternity leave exceeds—
i: 2 weeks if section 17(c)(i) or section 18(1)(b)(i)
ii: 1 week if section 17(c)(ii) or section 18(1)(b)(ii)
17: Role of Labour Inspectors
Section 70A(1)(a) period (or lesser period, as the case may be)
18: Purpose
Section 71A 12 weeks 13 weeks
19: Duration of parental leave payment
1: Section 71J(a) 12 weeks 13 weeks
2: Section 71J(b) 12 weeks 13 weeks
20: End of parental leave payment
Section 71L(1)(a) 12 weeks 13 weeks
21: Amount of parental leave payment
Section 71M(2) average weekly earnings
a: for an employee to whom—
i: section 7(b)(i), 8(1)(b)(i), 17(c)(i), or 18(1)(b)(i)
ii: section 7(b)(ii), 8(1)(b)(ii), 17(c)(ii), or 18(1)(b)(ii)
b: however, if section 72A subsection (2) of that section .
22: Eligibility criteria based on average hours of work and allowing for periods of authorised leave
Section 72A(1) period (or 6-month period, as the case may be)
23: Giving of notice: transitional provision
1: This section applies to an employee who is entitled to parental leave as a result of the commencement of this Part and who is unable to give the notice required under—
a: section 31(1)
b: section 33(a) (b)
2: An employee to whom this section applies:
a: is not required to give notice under section 31 33
b: may give notice under section 31 33
24: Regulations amended
The Parental Leave and Employment Protection Regulations 2002 Schedule 1
2: Amendments that come into force on 1 December 2005
25: Purpose of this Part
The purpose of this Part is to increase, from 1 December 2005,—
a: the duration of maternity leave from 13 to 14 weeks for employees who have worked for their employer for at least an average of 10 hours a week for the immediately preceding 6 months; however, these employees are not entitled to extended leave; and
b: the duration of parental leave payments from 13 to 14 weeks.
26: Application of this Part
1: This Part applies to an employee who takes parental leave from his or her employment in respect of a child if—
a: the expected date of delivery of the child is on or after 1 December 2005; or
b: the child is born on or after 1 December 2005; or
c: in the case of adoption, the date on which the employee, or the employee's spouse or partner
2: An employee to whom this Part applies may, before 1 December 2005,—
a: give notice of a wish to take parental leave (under section 23
b: apply for a parental leave payment under Part 7A Subsection (1)(c) amended 26 April 2005 9(2) Parental Leave and Employment Protection Amendment Act 2005 by inserting the words or partner spouse
27: Long Title
The Long Title of the principal Act is amended by omitting the words 13 weeks 14 weeks
28: Duration of maternity leave
1: Section 9(1) subsection (1)
1: Maternity leave must be taken in 1 continuous period not exceeding 14 weeks, subject to subsection (2)
2: Section 9(3) 13 or 14 weeks (as the case may be) 14 weeks
29: Extension of partner's/paternity leave entitlements in certain circumstances
Section 19A(3) 13 weeks 14 weeks
30: Extension of partner's/paternity leave of adoptive parent
Section 19B(2) 13 weeks 14 weeks
31: Purpose
Section 71A 13 weeks 14 weeks
32: Duration of parental leave payment
1: Section 71J(a) 13 weeks 14 weeks
2: Section 71J(b) 13 weeks 14 weeks
33: End of parental leave payment
Section 71L(1)(a) 13 weeks 14 weeks
34: Regulations amended
The Parental Leave and Employment Protection Regulations 2002 Schedule 2