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Parental Leave and Employment Protection Act 1987
Table Of Contents

This Act is current as at 7th June 2011.

image  Table Of Contents

image  Part 5 Rights And Obligations After Leave Started

image  Introduction

image  Part 6 Protection Of Employment

image  Part 1 Maternity Leave

image  Part 7 Remedies Available To Employees

image  Part 2 Partner's or Paternity Leave

image  Part 7A Payment For Parental Leave

image  Part 3 Extended Leave

image  Part 8 Miscellaneous Provisions

image  Part 4 Requirements Concerning Notice

 

 

Confused? To assist, we have written a parental leave tutorial and also assembled FAQ's by the Employment Relations Service.

Introduction

1 - Short Title and commencement
2 - Interpretation
2A - Interpretation: multiple employments
2B - Interpretation: multiple births or adoptions
3 - Act to bind the Crown
4 - Application of this Act to employees who have non-statutory rights to parental leave
5 - Restriction on parental leave under this Act where employee or employee's spouse takes parental leave under any other provision
6 - Restriction on taking of parental leave within 12 months of end of previous period of parental leave in respect of another child

Part 1 Maternity Leave

7 - Entitlement of female employee to maternity leave
8 - Entitlement of adoptive mother to maternity leave
9 - Duration of maternity leave
10 - Date of commencement of maternity leave
11 - Right of employee to determine date of commencement of maternity leave
12 - Right of employer and employee to determine date of commencement of maternity leave by agreement
13 - Right of medical practitioner or midwife to determine date of commencement of maternity leave
14 - Right of employer to appoint date of commencement of maternity leave
15 - Special leave
16 - Ability to perform work

Part 2 Partner's or Paternity Leave

17 - Entitlement of employee to partner's or paternity leave
18 - Entitlement of other adoptive parent to partner's or paternity leave
19 - Duration of partner's or paternity leave
20 - Date of commencement of partner's or paternity leave
21 - Right of employee to determine date of commencement of partner's or paternity leave
22 - Right of employer and employee to determine date of commencement of partner's or paternity leave by agreement

Part 3 Extended Leave

23 - Entitlement of employee to extended leave
24 - Entitlement of adoptive parent to extended leave
25 - Restriction where two or more children born or adopted at one time - Repealed
26 - Duration of extended leave
27 - Extended leave to be shared between parents
28 - Extended leave may be taken consecutively or concurrently with any leave taken by other parent
29 - Date of commencement of extended leave
30 - Termination of extended leave

Part 4 Requirements Concerning Notice

31 - Obligation to notify employer
32 - Requirements where extended leave sought
33 - Requirements where child to be adopted
34 - Incomplete notification
35 - Failure to notify employer
36 - Obligation to notify employee
37 - Requirement where female employee wishes to commence maternity leave early
38 - Employer's notice in relation to return to work and preference for appointment
39 - Employee's notice in relation to return to work
39A - Succession to employee's entitlements

Part 5 Rights and Obligations After Commencement of Parental Leave

40 - Presumption that employee's position can be kept open in the case of first period of parental leave not exceeding 4 weeks
41 - Presumption that employee's position can be kept open in the case of other periods of parental leave
42 - Employer's obligations in respect of remuneration and holiday pay
43 - Continuity of employment
44 - Contributions to superannuation schemes
45 - Early ending and extension of parental leave
46 - Failure to return to work
47 - Failure to accept employment
48 - Workers employed to replace employees on parental leave

Part 6 Protection of Employment

49 - Dismissal by reason of pregnancy or parental leave prohibited
50 - Special defences relating to dismissal
51 - Special defences relating to dismissal during parental leave
52 - Special defence relating to dismissal during the 26 weeks following parental leave
53 - Redundancy payments not affected
54 - Dismissal for cause not affected

Part 7 Remedies Available to Employees

55 - Interim order
56 - Parental leave complaints
57 - Procedures for settlement of parental leave complaints
58 - Power to refer complaint to Employment Relations Authority
59 - Role of institutions
60-63 Repealed
64 - Duty to promote settlement
65 - Remedies
66 - Reinstatement
67 Repealed
68 - Non-compliance with formal requirements
69 Repealed
70 - Enforcement of judgments

Role of Labour Inspectors
70A - Role of Labour Inspectors
70B - Demand notice
70C - Objections to determination or demand notice
70D - Consequences of demand notice
70E - Authority to determine entitlement to parental leave on objection
70F - Withdrawal of demand notice
71 - Procedures available to State employees

Part 7A Payment for Parental Leave

Preliminary provisions
71A - Purpose
71B - Overview
71C - Interpretation of this Part

Entitlement to parental leave payment
71D - Entitlement to parental leave payment

Transfer of entitlement to spouse
71E - Entitlement may be transferred to spouse

Restrictions on parental leave payments
71F - Subsequent parental leave payments
71G - Parental tax credit
71H - Joint adoptions
71I - Applications for payment

Duration of parental leave payment
71J - Duration of parental leave payment
71K - Start of parental leave payment
71L - End of parental leave payment

Amount of parental leave payment
71M - Amount of parental leave payment
71N - Annual adjustment of maximum rates of parental leave payment
71O - Discretionary increases in payment amount by Order in Council
71P - Amount of payment not affected by other non-statutory entitlements

Administration
71Q - Payments must come out of public money
71R - Method of payment
71S - Backdating of payments
71T - Obligation of employer to notify employee of payment entitlements
71U - Obligation to notify early return to work etc
71V - Non-return to work does not affect payment
71W - Obligation to supply information
71X - Recovery of debts by department
71Y - Recovery of payments
71Z - Offence to mislead department
71ZA - Chief executive may delegate

Part 8 Miscellaneous Provisions

72 - Contracting out: holiday pay while on parental leave
72A - Eligibility criteria based on average hours of work and allowing for periods of authorised leave
73 - Regulations
74 - Repeal
75 - Consequential amendments
76 - Transitional provisions
77 - Savings provisions
Schedule - change of employer

End of Table of Contents

This Act is current as at 7th June 2011.

image  Table Of Contents

image  Part 5 Rights And Obligations After Leave Started

image  Introduction

image  Part 6 Protection Of Employment

image  Part 1 Maternity Leave

image  Part 7 Remedies Available To Employees

image  Part 2 Partner's or Paternity Leave

image  Part 7A Payment For Parental Leave

image  Part 3 Extended Leave

image  Part 8 Miscellaneous Provisions

image  Part 4 Requirements Concerning Notice

 

 

Confused? To assist, we have written a parental leave tutorial and also assembled FAQ's by the Employment Relations Service.