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.