Parental Leave and Employment Protection Act 1987

9 Duration of primary carer leave

(1)

Primary carer leave must be taken in 1 continuous period not exceeding 26 weeks, subject to subsection (2).

(2)

If a female employee begins her primary carer leave—

(a)

on a date specified, pursuant to section 13(1), in a certificate; or

(b)

on a date appointed, pursuant to section 14, by her employer,—

the female employee shall be entitled to take at least 20 weeks of her primary carer leave after the expected date of delivery and, if necessary for that purpose, to extend the duration of her primary carer leave.

(3)

A period of primary carer leave in excess of 26 weeks taken by a female employee under subsection (2) is to be treated as primary carer leave for the purposes of this Act, but must not be taken into account in assessing under section 26 any period of extended leave to which the female employee or her spouse or partner may be entitled under this Act.

Compare: 1980 No 162 s 8

Section 9 heading: amended, on 1 April 2016, by section 17(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 9(1): substituted, on 1 December 2005, by section 28(1) of the Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89).

Section 9(1): amended, on 1 July 2020, by section 18(1) of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).

Section 9(1): amended, on 1 April 2016, by section 17(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 9(2): amended, on 1 July 2020, by section 18(2) of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).

Section 9(2): amended, on 1 April 2016, by section 17(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 9(2)(a): amended, on 1 July 2002, by section 10 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).

Section 9(3): substituted, on 1 December 2004, by section 11(2) of the Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89).

Section 9(3): amended, on 1 July 2020, by section 18(1) of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).

Section 9(3): amended, on 1 April 2016, by section 17(4) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 9(3): amended, on 26 April 2005, by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).