Currently only those who have worked for 12 months or more are entitled to claim this.
Under the Act, the employee needs to fulfil the same requirements as employees previously did, the only difference being the period of time they have been employed for.
They need to be in paid employment, have worked an average of 10 hours per week for at least the previous 6 or 12 months (at least one hour in every week or at least 40 hours in every month), have not have taken paid parental leave for a previous child in the last 12 months and not be self-employed. If these requirements are fulfilled, then the employee can take paid parental leave.
If they have been in employment for 6 months or more, they can take 13 weeks paid parental leave from the 1st of December 2004 and this increases to 14 weeks from the 1st of December 2005.
However, such employee’s are not entitled to extended leave, up to 52 weeks, as this is only available to employees who have worked for at least 12 months with their employer.
Also, if their partner has worked for at least 6 months with their current employer and they meet the hours test, they are entitled to claim one weeks partner’s/paternity leave.
If they have worked for at least 12 months, then they can claim up to two weeks, as was the case before this amendment. Partner’s leave can be extended if the mother transfers her entitlement to her partner.
The Act clarifies the situation for teachers and junior doctors. They may now be eligible, as the Act states some multiple employment arrangements may qualify under the single employment requirement for people in these occupations.
Additionally, if an employee was not entitled to paid parental leave before these changes and have therefore not given the required 3 months notice, the Act states that they have to give notice as soon as they can and they are then entitled to take this leave, perhaps even before the 1st of December.
If you have any questions on these changes, contact our employment law team.
Miriam Sinclair is Preston Russell Law’s 2004-05 summer law clerk.
Paid Parental Leave: The Latest Update
The Parental Leave and Employment Protection Amendment Act 2004 (“the Act”) came into force on the 1st of December 2004.
It applies to any child due, born or adopted from this date on. It changes who is entitled to paid parental leave, now applying to employees who have worked for the same employer for 6 months or more.
