Parental Leave and Employment Protection Amendment Act 2017
Parental Leave and Employment Protection Amendment Act 2017
Parental Leave and Employment Protection Amendment Act 2017

Parental Leave and Employment Protection Amendment Act 2017
Public Act |
2017 No 45 |
|
Date of assent |
4 December 2017 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Parental Leave and Employment Protection Amendment Act 2017.
2 Commencement
3 Principal Act
This Act amends the Parental Leave and Employment Protection Act 1987 (the principal Act).
4 Schedule 1AA amended
In Schedule 1AA, after Part 3, insert the Parts 4 and 5 set out in Schedule 1 of this Act.
Part 1 Amendments to come into force on 1 July 2018
5 Section 1A amended (Purpose)
In section 1A(c), replace “18 weeks”
with “22 weeks”
.
6 Section 1B amended (Outline)
In section 1B(3)(a)(i) and (iii), (b)(i) and (iii), (c)(ii), and (d)(ii), replace “18 weeks”
with “22 weeks”
.
7 Section 9 amended (Duration of primary carer leave)
(1)
In section 9(1) and (3), replace “18 weeks”
with “22 weeks”
.
(2)
In section 9(2), replace “12 weeks”
with “16 weeks”
.
8 Section 26 amended (Duration of extended leave)
In section 26(3), replace “18 weeks”
with “22 weeks”
.
9 Section 32 amended (Requirements where extended leave sought)
In section 32(2)(a), replace “18 weeks”
with “22 weeks”
.
10 Section 45 amended (Early ending and extension of parental leave)
In section 45(4)(a), replace “18 weeks”
with “22 weeks”
.
11 Section 71A amended (Purpose)
In section 71A(a), replace “18 weeks”
with “22 weeks”
.
12 Section 71CE amended (Keeping-in-touch days)
In section 71CE(1) and (3)(b), replace “40 hours”
with “52 hours”
.
13 Section 71J amended (Duration of parental leave payment)
In section 71J(1)(a) and (b), replace “18 weeks”
with “22 weeks”
.
14 Section 71L amended (End of parental leave payment)
In section 71L(1)(a), replace “18 weeks”
with “22 weeks”
.
Consequential amendments
15 Amendments to Parental Leave and Employment Protection Regulations 2016
Amend the Parental Leave and Employment Protection Regulations 2016 as set out in Part 1 of Schedule 2.
Part 2 Amendments to come into force on 1 July 2020
16 Section 1A amended (Purpose)
In section 1A(c), replace “22 weeks”
with “26 weeks”
.
17 Section 1B amended (Outline)
In section 1B(3)(a)(i) and (iii), (b)(i) and (iii), (c)(ii), and (d)(ii), replace “22 weeks”
with “26 weeks”
.
18 Section 9 amended (Duration of primary carer leave)
(1)
In section 9(1) and (3), replace “22 weeks”
with “26 weeks”
.
(2)
In section 9(2), replace “16 weeks”
with “20 weeks”
.
19 Section 26 amended (Duration of extended leave)
In section 26(3), replace “22 weeks”
with “26 weeks”
.
20 Section 32 amended (Requirements where extended leave sought)
In section 32(2)(a), replace “22 weeks”
with “26 weeks”
.
21 Section 45 amended (Early ending and extension of parental leave)
In section 45(4)(a), replace “22 weeks”
with “26 weeks”
.
22 Section 71A amended (Purpose)
In section 71A(a), replace “22 weeks”
with “26 weeks”
.
23 Section 71CE amended (Keeping-in-touch days)
In section 71CE(1) and (3)(b), replace “52 hours”
with “64 hours”
.
24 Section 71J amended (Duration of parental leave payment)
In section 71J(1)(a) and (b), replace “22 weeks”
with “26 weeks”
.
25 Section 71L amended (End of parental leave payment)
In section 71L(1)(a), replace “22 weeks”
with “26 weeks”
.
Consequential amendments
26 Amendments to Parental Leave and Employment Protection Regulations 2016
Amend the Parental Leave and Employment Protection Regulations 2016 as set out in Part 2 of Schedule 2.
Schedule 1 New Parts 4 and 5 inserted into Schedule 1AA
Part 4 Provisions relating to Part 1 of Parental Leave and Employment Protection Amendment Act 2017
4 Application of Part 1 of Parental Leave and Employment Protection Amendment Act 2017
(1)
This Act, as amended by Part 1 of the Parental Leave and Employment Protection Amendment Act 2017, applies to a person who takes parental leave or applies for a parental leave payment in respect of a child if,—
(a)
in the case of a child born to the person or to the person’s spouse or partner,—
(i)
the expected date of delivery of the child is on or after 1 July 2018; or
(ii)
the child is born on or after 1 July 2018; or
(b)
in any other case, the person or his or her spouse or partner becomes the primary carer in respect of a child on or after 1 July 2018.
(2)
A person referred to in subclause (1) may, before 1 July 2018,—
(a)
give notice of a request to take parental leave, in which case the person may begin the parental leave before 1 July 2018 as if those amendments were already in force; and
(b)
apply for a parental leave payment under Part 7A as if those amendments were already in force.
Part 5 Provisions relating to Part 2 of Parental Leave and Employment Protection Amendment Act 2017
5 Application of Part 2 of Parental Leave and Employment Protection Amendment Act 2017
(1)
This Act, as amended by Part 2 of the Parental Leave and Employment Protection Amendment Act 2017, applies to a person who takes parental leave or applies for a parental leave payment in respect of a child if,—
(a)
in the case of a child born to the person or to the person’s spouse or partner,—
(i)
the expected date of delivery of the child is on or after 1 July 2020; or
(ii)
the child is born on or after 1 July 2020; or
(b)
in any other case, the person or his or her spouse or partner becomes the primary carer in respect of a child on or after 1 July 2020.
(2)
A person referred to in subclause (1) may, before 1 July 2020,—
(a)
give notice of a request to take parental leave, in which case the person may begin the parental leave before 1 July 2020 as if those amendments were already in force; and
(b)
apply for a parental leave payment under Part 7A as if those amendments were already in force.
Schedule 2 Amendments to Parental Leave and Employment Protection Regulations 2016
Part 1Amendments to come into force on 1 July 2018
Regulation 9
In regulation 9(2)(a)(v), replace “18 weeks”
with “22 weeks”
.
Regulation 10
In regulation 10(2)(a)(iv), replace “18 weeks”
with “22 weeks”
.
Regulation 15
In regulation 15(3)(e), replace “18 weeks”
with “22 weeks”
.
Schedule 2
In Schedule 2, form 2, notes 3 and 4, replace “18 weeks”
with “22 weeks”
.
Part 2Amendments to come into force on 1 July 2020
Regulation 9
In regulation 9(2)(a)(v), replace “22 weeks”
with “26 weeks”
.
Regulation 10
In regulation 10(2)(a)(iv), replace “22 weeks”
with “26 weeks”
.
Regulation 15
In regulation 15(3)(e), replace “22 weeks”
with “26 weeks”
.
Schedule 2
In Schedule 2, form 2, notes 3 and 4, replace “22 weeks”
with “26 weeks”
.
Legislative history
8 November 2017 |
Introduction (Bill 1–1), first reading, second reading |
|
15 November 2017 |
Committee of the whole House (Bill 1–2) |
|
30 November 2017 |
Third reading |
|
4 December 2017 |
Royal assent |
This Act is administered by the Ministry of Business, Innovation, and Employment.