Parental Leave and Employment Protection Act 1987
Introduction

Section 1 Short Title and commencement

(1) This Act may be cited as the Parental Leave and Employment Protection Act 1987.

(2) This Act shall come into force on the 1st day of October 1987

Section 2 Interpretation

(1) In this Act, unless the context otherwise requires,

Chief Executive means the chief executive of the department

Company has the same meaning as in the Companies Act 1955 or the Companies Act 1993, as the case may be; and includes an overseas company within the meaning of the Companies Act 1993

Court means the Employment Court constituted under the Employment Relations Act 2000

Department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

Employee has the meaning given in section 5 of the Employment Relations Act 2000

Employer means any person employing any employee or employees:

Employment Agreement has the meaning given to that term in section 5 of the Employment Relations Act 2000 and, for the avoidance of doubt, includes any employment contract that continues in force under section 242 of the Employment Relations Act 2000

Employment Relations Authority means the Employment Relations Authority established under the Employment Relations Act 2000

Expected date of delivery , in respect of a pregnant woman, means the date certified in writing by a medical practitioner or midwife as being the date on which that medical practitioner or midwife diagnoses that the pregnant woman may give birth to a child

Extended leave

(a) means extended leave to which an employee is entitled in accordance with this Act; and

(b) includes, for the purposes of Parts VI to 7A of this Act, rights and benefits in the nature of extended leave to which an employee is entitled by virtue of

(i) Any Act other than this Act; or

(ii) Any employment agreement

Maternity leave

(a) means maternity leave to which a female employee is entitled in accordance with this Act; and

(b) includes, for the purposes of Parts VI to 7A of this Act, rights and benefits in the nature of maternity leave to which a female employee is entitled by virtue of

(i) Any Act other than this Act; or

(ii) Any employment agreement

Midwife means a person whose name for the time being appears in that part of the Register of Nurses kept under section 16 of the Nurses Act 1977 that relates to registered midwives

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

Parental leave

(a) means

(i) Maternity leave to which an employee is entitled in accordance with this Act:

(ii) Partner's or paternity leave to which an employee is entitled in accordance with this Act

(iii) Extended leave to which an employee is entitled in accordance with this Act

(b) includes, for the purposes of Parts VI to 7A of this Act, rights and benefits in the nature of any of the kinds of leave described in paragraph (a) of this definition to which an employee is entitled by virtue of

(i) any Act other than this Act; or

(ii) any employment agreement

Partner's or paternity leave

(a) means partner's or paternity leave to which an employee is entitled in accordance with this Act; and

(b) includes, for the purposes of Parts VI to 7A, rights and benefits in the nature of partner's or paternity leave to which an employee is entitled by virtue of

(i) any Act other than this Act; or

(ii) any employment agreement

Spouse means either partner to

(a) a legal marriage; or

(b) a de facto relationship within the meaning of section 2D of the Property (Relationships) Act 1976.

Union means a union registered under the Employment Relations Act 2000.

(2) Where it is necessary, for the purpose of applying any of the provisions of sections 7(b), 8(1)(b), 17(c), 18(1)(b), 23(b), 24(1)(b), and 43 of this Act, to ascertain, in relation to any of the circumstances mentioned in clauses 1 to 5 of the Schedule to this Act,

(a) whether any employee has remained in the employment of the same employer during any period of time; or

(b) whether any employee has resumed service with the same employer.

the provisions of the Schedule to this Act shall apply.

(3) Section 72A applies if it is necessary, for the purpose of applying any of the provisions of sections 7(b), 8(1)(b), 17(c), 18(1)(b), 23(b), and 24(1)(b), to ascertain whether an employee will have been in the employment of the same employer for at least an average of 10 hours a week during a 12-month period.

Section 2A Interpretation: multiple employments

An employee's entitlement to rights and benefits in respect of parental leave must be determined by treating each of the employee's employments separately, if the employee has more than 1 employment.

Section 2B Interpretation: multiple births or adoptions

(1) This section applies for the purpose of

(a) determining a person's entitlement to rights and benefits in respect of parental leave and parental leave payment; and

(b) ensuring that employees do not receive both a parental leave payment under Part 7A and a parental tax credit (within the meaning of the Income Tax Act 1994) in respect of the same children.

(2) 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 must be treated as if the person had given birth to only 1 child as a result of the pregnancy and had assumed or intended to assume the care of only 1 of those children.

(3) In the case of adoption, a person who assumes (with a view to adoption by that person or by that person and that person's spouse jointly) the care of 2 or more children within 1 month is treated as if the person had assumed the care of only the youngest of those children within that month.

Section 3 Act to bind the Crown

This Act shall bind the Crown.

Section 4 Application of this Act to employees who have non-statutory rights to parental leave

(1) Parts I to V apply to all employees except employees who have rights and benefits in the nature of parental leave that are,

(a) in their overall effect, as favourable to that employee as, or more favourable to that employee than, the rights and benefits provided for in Parts I to V; and

(b) provided under a comprehensive employment agreement or other arrangement (other than this Act).

(2) An employment agreement or other arrangement is comprehensive if it effectively addresses all of the following matters:

(a) the conditions of eligibility for any parental leave:

(b) the duration of parental leave:

(c) the degree of protection provided for the employee's position in the employment of the employer during, and subsequent to, any absence on parental leave:

(d) the employer's obligation or lack of an obligation to pay remuneration during the parental leave:

(e) the procedural requirements relating to parental leave.

(3) The provisions of an employment agreement or other arrangement that is not comprehensive are of no effect in so far as the provisions relate to parental leave.

(4) Parts VI to 7A apply to all employees.

Section 5 Restriction on parental leave under this Act where employee or employee's spouse takes parental leave under any other provision

Nothing in this Act shall entitle an employee otherwise entitled to any period of parental leave under this Act to take a period of parental leave under this Act which, when aggregated with any rights and benefits in the nature of parental leave taken or proposed to be taken by that employee's spouse under any Act other than this Act or under any . . . [employment agreement], would exceed the total period of parental leave to which that employee and that employee's spouse would be entitled by virtue of this Act if the provisions of this Act regarding maternity leave, [partner's/paternity leave], and extended leave were to apply to both that employee and that employee's spouse.

Section 6 Restriction on taking of parental leave within 12 months of end of previous period of parental leave in respect of another child

An employee shall not be entitled to parental leave in respect of a child by virtue of this Act if

(a) That employee has previously taken, in respect of another child, a period of leave, being

(i) Parental leave under this Act; or

(ii) A period of leave in the nature of parental leave under any Act other than this Act, or any . . . [employment agreement]; and

(b) Less than 12 months have elapsed since the day after the date on which the most recent period of leave referred to in paragraph (a) of this section ended.

End of Introduction