Parental Leave and Employment Protection Act 1987

8 Entitlement to primary carer leave

(1)

An employee may take primary carer leave if the employee—

(a)

is the primary carer in respect of a child; and

(b)

meets the 6-month employment test or the 12-month employment test.

(2)

No employee may take primary carer leave under subsection (1) in respect of a child if the employee has previously taken a period of leave in respect of that child, being—

(a)

parental leave under this Act; or

(b)

a period of leave in the nature of parental leave under any Act other than this Act or under any employment agreement.

(3)

Subsection (2) does not apply to an employee who is a primary carer under section 7(1)(b)(iii).

Section 8: replaced, on 1 April 2016, by section 16 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 8(3): inserted, on 13 January 2020, by section 15 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).