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Parental Leave and Employment Protection Act 1987
Table Of Contents

This Act is current as at 18th November 2002, and includes amendments introduced in July 2002 for paid parental leave.

  Table Of Contents   Part 5 Rights And Obligations After Leave Started
  Introduction   Part 6 Protection Of Employment
  Part 1 Maternity Leave   Part 7 Remedies Available To Employees
  Part 2 Partner's or Paternity Leave   Part 7A Payment For Parental Leave
  Part 3 Extended Leave   Part 8 Miscellaneous Provisions
  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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 18th November 2002, and includes amendments introduced in July 2002 for paid parental leave.

  Table Of Contents   Part 5 Rights And Obligations After Leave Started
  Introduction   Part 6 Protection Of Employment
  Part 1 Maternity Leave   Part 7 Remedies Available To Employees
  Part 2 Partner's or Paternity Leave   Part 7A Payment For Parental Leave
  Part 3 Extended Leave   Part 8 Miscellaneous Provisions
  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.

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Updated: 31st March 2010
Published: 17th November 2002
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