Parental Leave and Employment Protection (Six Months’ Paid Leave and Work Contact Hours) Amendment Bill

Parental Leave and Employment Protection (Six Months’ Paid Leave and Work Contact Hours) Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Parental Leave and Employment Protection ( Six 6 Months’ Paid Leave and Work Contact Hours ) Amendment Act 2015 . 2 Commencement Part 1 comes into force on 1 April 2016 2017 . Part 2 comes into force on 1 April 2018. The rest of this Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act This Act amends the Parental Leave and Employment Protection Act 1987 (the principal Act ). 4 Section 1A amended (Purpose) In section 1A(c), replace 16 18 weeks with 22 weeks . 4A 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 . 5 Section 9 amended (Duration of maternity leave) In section 9(1) and (3), replace 16 18 weeks with 22 weeks . In section 9(2), replace 10 12 weeks with 16 weeks . 6 Section 19A amended (Extension of partner's/paternity leave entitlements for spouses or partners of employees in certain circumstances) In section 19A(3), replace 16 weeks with 22 weeks . 7 Section 19B amended (Extension of partner's/paternity leave of adoptive parent) In section 19B(2)(a), replace 16 weeks with 22 weeks . 8 Section 26 amended (Duration of extended leave) In section 26 (2) (3) , replace 16 18 weeks with 22 weeks . 9 Section 27 amended (Extended leave to be shared between parents) In section 27(2)(c), replace 16 weeks with 22 weeks . 10 Section 32 amended (Requirements where extended leave sought) In section 32 (d)(i) (2)(a) , replace 16 18 weeks with 22 weeks . 11 Section 45 amended (Early ending and extension of parental leave) In section 45(4)(a) and (c)(i) , replace 16 18 weeks with 22 weeks . 12 Section 56 amended (Parental leave complaints) In section 56(1)(c), after payment , insert or work contact hours under sections 71HA to 71HC . 13 Section 71A amended (Purpose) In section 71A (a) , replace 16 18 weeks with 22 weeks . 14 New sections 71HA to 71HC and cross-heading inserted After section 71H, insert: Work contact hours 71HA Work contact hours during parental leave 1 An employee on 22 week paid parental leave or on extended leave may work, upon fair agreement between the employee and the employer, the following work contact hours: a up to 42 hours in the 22 week paid parental leave period: b up to 156 hours in the 52 week period which includes the unpaid parental leave period. 2 An employer whose employee works any work contact hours must, by fair agreement with the employee, — a pay the employee for the hours worked,— i at the hourly rate paid to the employee before he or she took up parental leave; and ii in the pay period or pay periods during which, or immediately after, the hours are worked; or b give the employee leave, as time in lieu of the work contact hours, after the employee returns to work. 3 Despite section 71Q, payments (including for time in lieu) made under subsection (2) must not come out of public money appropriated for expenditure in providing parental leave payments. 4 Payment made, or leave given as time in lieu, under subsection (2) is in addition to, and not instead of, any parental leave payment to which the employee is entitled under Part 7A. 5 Nothing in this section requires an employee to work during the period when he or she is on parental leave. 71HB Effect of working for work contact hours 1 An employee who works any work contact hours is not regarded as having returned to work from parental leave by reason only of undertaking those hours of work. 2 Any work contact hours worked do not extend any period of parental leave. 71HC Transfer of work contact hours To the extent that a person transfers all or part of his or her entitlement to parental leave payments to his or her spouse or partner under section 71E, the spouse or partner is entitled to work any work contact hours to the extent that the person would have been entitled to them had the transfer not been made. 15 Section 71J amended (Duration of parental leave payment) In section 71J (1) (a) and (b), replace 16 18 weeks with 22 weeks . 16 Section 71L amended (End of parental leave payment for employees) In section 71L(1)(a), replace 16 18 weeks with 22 weeks . 17 Section 71LA amended (End of parental leave payment for self-employed persons) In section 71LA(1)(a), replace 16 weeks with 22 weeks . 18 Regulations amended The Parental Leave and Employment Protection Regulations 2002 2016 are amended in the manner set out in Schedule 1 . 19 Section 1A amended (Purpose) In section 1A(c), replace 22 weeks with 26 weeks . 19A 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 . 20 Section 9 amended (Duration of maternity leave) In section 9(1) and (3), replace 22 weeks with 26 weeks . In section 9(2), replace 16 weeks with 20 weeks . 21 Section 19A amended (Extension of partner's/paternity leave entitlements for spouses or partners of employees in certain circumstances) In section 19A(3), replace 22 weeks with 26 weeks . 22 Section 19B amended (Extension of partner's/paternity leave of adoptive parent) In section 19B(2)(a), replace 22 weeks with 26 weeks . 23 Section 26 amended (Duration of extended leave) In section 26 (2) (3) , replace 22 weeks with 26 weeks . 24 Section 27 amended (Extended leave to be shared between parents) In section 27(2)(c), replace 22 weeks with 26 weeks . 25 Section 32 amended (Requirements where extended leave sought) In section 32 (d)(i) (2)(a) , replace 22 weeks with 26 weeks . 26 Section 45 amended (Early ending and extension of parental leave) In section 45(4)(a) and (c)(i) , replace 22 weeks with 26 weeks . 27 Section 71A amended (Purpose) In section 71A (a) , replace 22 weeks with 26 weeks . 28 Section 71HA amended (Work contact hours during parental leave) In section 71HA , replace 22 with 26 in each place. 29 Section 71J amended (Duration of parental leave payment) In section 71J (1) (a) and (b), replace 22 weeks with 26 weeks . 30 Section 71L amended (End of parental leave payment for employees) In section 71L(1)(a), replace 22 weeks with 26 weeks . 31 Section 71LA amended (End of parental leave payment for self-employed persons) In section 71LA(1)(a), replace 22 weeks with 26 weeks . 32 Regulations amended The Parental Leave and Employment Protection Regulations 2002 2016 are amended in the manner set out in Schedule 2 . 1 Amendments to Parental Leave and Employment Protection Regulations 2002 2016 that come into force on 1 April 2016 2017 In regulation 8(1)(d)(iii) and (1A)(b), replace 16 weeks with 22 weeks . In regulation 9(2) (b) (a)(v) , replace 16 18 weeks with 22 weeks . In regulation 10(2)(a)(iv), replace 18 weeks with 22 weeks . In regulation 11(3)(b), replace 16 weeks with 22 weeks . In regulation 12(2)(b), replace 16 weeks with 22 weeks . In regulation 15(3)(e), replace 18 weeks with 22 weeks . In the Schedule 2 , form 1 2 , notes 3 and 4 , replace 16 18 weeks with 22 weeks in each place . 2 Amendments to Parental Leave and Employment Protection Regulations 2002 2016 that come into force on 1 April 2018 In regulation 8(1)(d)(iii) and (1A)(b), replace 22 weeks with 26 weeks . In regulation 9(2) (b) (a)(v) , replace 22 weeks with 26 weeks . In regulation 10(2)(a)(iv), replace 22 weeks with 26 weeks . In regulation 11(3)(b), replace 22 weeks with 26 weeks . In regulation 12(2)(b), replace 22 weeks with 26 weeks . In regulation 15(3)(e), replace 22 weeks with 26 weeks . In the Schedule 2 , form 1 2 , notes 3 and 4 , replace 22 weeks with 26 weeks in each place .