2 Commencement

• (1) Except as provided in subsections (2) and (3), this Act comes into force on the day after the date on which it receives the Royal assent.

  (2) Sections 5(1), 6(1), and 7(1) come into force on 1 July 2015.

  (3) Sections 5(2), 6(2), and 7(2) come into force on 1 July 2017.

4 Purpose

• The purpose of this Act is to extend the duration of maternity leave, paternity leave, extended leave, and the parental leave payment to a maximum of 26 weeks in respect of a person who gives birth—

  • (a) to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children; or

  • (b) to 1 or more surviving children before 37 weeks of gestation; or

  • (c) to a child whose impairment would entitle the person to a government-funded disability support service.

5 Section 71J amended (Duration of parental leave payment)

• (1) In section 71J(b), replace “16 weeks.” with “16 weeks; or” and after paragraph (b), insert:

  • “(c) for 22 weeks in respect of a person who gives birth—

    • “(i) to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children; or

    • “(ii) to 1 or more children before 37 weeks of gestation, where the child or children survive birth for the duration of the parental leave payment; or

    • “(iii) to a child whose impairment would entitle the person to a government-funded disability support service.”

  (2) Replace section 71J(c) with:

  • “(c) for 26 weeks in respect of a person who gives birth—

    • “(i) to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children; or

    • “(ii) to 1 or more children before 37 weeks of gestation, where the child or children survive birth for the duration of the parental leave payment; or

    • “(iii) to a child whose impairment would entitle the person to a government-funded disability support service.”

6 Consequential amendments

• (1) In the following provisions, 16 weeks means 16 weeks, or in respect of a person who gives birth to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children, or to 1 or more children before 37 weeks of gestation where the child or children survive birth for the duration of the parental leave payment, or to a child whose impairment would entitle the person to a government-funded disability support service, 22 weeks:

  • (a) section 1A(c):

  • (b) section 9(1) and (3):

  • (c) section 19A(3):

  • (d) section 19B(2)(a):

  • (e) section 26(2):

  • (f) section 27(2)(c):

  • (g) section 32(d)(i):

  • (h) section 45(4)(a) and (c)(i):

  • (i) section 71A:

  • (j) section 71L(1)(a):

  • (k) section 71LA(1)(a).

  (2) In the following provisions, 16 weeks means 16 weeks, or in respect of a person who gives birth to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children, or to 1 or more children before 37 weeks of gestation where the child or children survive birth for the duration of the parental leave payment, or to a child whose impairment would entitle the person to a government-funded disability support service, 26 weeks:

  • (a) section 1A(c):

  • (b) section 9(1) and (3):

  • (c) section 19A(3):

  • (d) section 19B(2)(a):

  • (e) section 26(2):

  • (f) section 27(2)(c):

  • (g) section 32(d)(i):

  • (h) section 45(4)(a) and (c)(i):

  • (i) section 71A:

  • (j) section 71L(1)(a):

  • (k) section 71LA(1)(a).

  (3) In Schedule 1AA, replace Part 2 with:

  “Part 2
  “Transitional provision relating to amendments to this Act made by sections 5(1), 6(1), and 7(1) of Parental Leave and Employment Protection (Six Months’ Paid Leave) Amendment Act 2014

  “2 Application of sections 5(1), 6(1), and 7(1) of Parental Leave and Employment Protection (Six Months’ Paid Leave) Amendment Act 2014

  • “(1) The amendments made by sections 5(1), 6(1), and 7(1) of the Parental Leave and Employment Protection (Six Months’ Paid Leave) Amendment Act 2014 apply to an employee or self-employed person who takes parental leave in respect of a child if—

    • “(a) the expected date of delivery of the child is on or after 1 July 2015; or

    • “(b)  the child is born on or after 1 July 2015; or

    • “(c)  in the case of adoption, the date on which the employee or self-employed person, or his or her spouse or partner, with a view to adoption, assumes the care of the child is on or after 1 July 2015.

    “(2) An employee or self-employed person to whom the amendments referred to in subclause (1) apply may, before 1 July 2015,—

    • “(a) give notice of a wish to take parental leave, in which case the employee may begin his or her parental leave before 1 July 2015 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 3
  “Transitional provision relating to amendments to this Act made by sections 5(2), 6(2), and 7(2) of Parental Leave and Employment Protection (Six Months’ Paid Leave) Amendment Act 2014

  “3 Application of sections 5(2), 6(2), and 7(2) of Parental Leave and Employment Protection (Six Months’ Paid Leave) Amendment Act 2014

  • “(1) The amendments made by sections 5(2), 6(2), and 7(2) of the Parental Leave and Employment Protection (Six Months’ Paid Leave) Amendment Act 2014 apply to an employee or self-employed person who takes parental leave in respect of a child if—

    • “(a) the expected date of delivery of the child is on or after 1 July 2017; or

    • “(b) the child is born on or after 1 July 2017; or

    • “(c) in the case of adoption, the date on which the employee or self-employed person, or his or her spouse or partner, with a view to adoption, assumes the care of the child is on or after 1 July 2017.

    “(2) An employee or self-employed person to whom the amendments referred to in subclause (1) apply may, before 1 July 2017,—

    • “(a) give notice of a wish to take parental leave, in which case the employee may begin his or her parental leave before 1 July 2017 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.”

7 Regulations amended

• (1) In the following provisions of the Parental Leave and Employment Protection Regulations 2002, 16 weeks means 16 weeks, or in respect of a person who gives birth to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children, or to 1 or more children before 37 weeks of gestation where the child or children survive birth for the duration of the parental leave payment, or to a child whose impairment would entitle the person to a government-funded disability support service, 22 weeks:

  • (a) regulation 8(1)(d)(iii) and (1A)(b):

  • (b) regulation 9(2)(b):

  • (c) regulation 11(3)(b):

  • (d) regulation 12(2)(b):

  • (e) Schedule, form 1.

  (2) In the following provisions of the Parental Leave and Employment Protection Regulations 2002, 16 weeks means 16 weeks, or in respect of a person who gives birth to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children, or to 1 or more children before 37 weeks of gestation where the child or children survive birth for the duration of the parental leave payment, or to a child whose impairment would entitle the person to a government-funded disability support service, 26 weeks:

  • (a) regulation 8(1)(d)(iii) and (1A)(b):

  • (b) regulation 9(2)(b):

  • (c) regulation 11(3)(b):

  • (d) regulation 12(2)(b):

  • (e) Schedule, form 1.

8 Consequential amendments to Parental Leave and Employment Protection Amendment Act 2014

• (1) This section amends the Parental Leave and Employment Protection Amendment Act 2014.

  (2) Repeal sections 19 to 31.