Parental+Leave

=//﻿ ﻿ Parental Leave //= by Yuanyuan Zhang

Background: What is parental leave?
=== Parental leave is an employee benefit that provides paid or unpaid time off work to care for a child or make arrangements for the child's welfare. Often, the term parental leave includes maternity, paternity, and adoption leave. Often the minimum benefits are stipulated by law.(wiki,2010) ===

1. Where does the law in the area come from?

The employee took early maternity leave. Unfortunately, the employee suffered a miscarriage and wished to return to work during the period of leave. The employee was not allowed to return to work because the employer appointed a replacement for that period and worried it would cause disruption. So, Employee claimed had parental leave complaint un ﻿ der“PLEPA” – employee granted paid parental leave - Due to illness associated with pregnancy.
 * Parental Leave ** relate to the case of **// Fa'alili v Allied Work Force Ltd //** and the **//Employment Protection Act 1987 (“PLEPA”),//** the fact is about:

* Compensation ($8,000); Costs reserved. ||
 * **Result: ** || * Employee granted; Reimbursement of lost wages ($8,307.62);

2. What is required under the law?

According to the case “Fa'alili v Allied Work Force Ltd” andthe Parental Leave and Employment Protection Act 1987 (“the Act”), Female employees who are having a baby can apply for parental leave (including the spouse/partner). They can be entitled:
 * To pay a maternity leave entitlement for 14-week;
 * To extend the maximum period of maternity leave up to 8 weeks;


 * Or extended time taken is not more than total 52-week parental leave entitlement;
 * A female employee is entitled to take a total of up to 10 days special leave without pay for reasons connected with pregnancy.

They must remember these figures and understand significance of that rights and obligations for employee and employer is exist at the same time and there are many additional conditions that both must meet and comply with them. For example:

6 or 12 months, 7days, 14days and 21days – who can make an application, what additional conditions must be meet and how to apply and inform for parental leave, early maternity leave or return to work earlier etc.

For employers - they are going to make any decision to employee with regard to the parental leave must have reasonable justification! Especially on keeping employees’ job open, temporary replacement or transfer an employee to another job and they must remember an employer has an overriding duty to protect the employment of an employee while on parental leave.

<span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">The most effected and safe ways of getting benefits to business is to protect employee’s legal rights and comply the laws, it would excitated greatly the positivity of employees and make them to be pleased doing well for their works. Only this, the business can receive more benefits legally; or else just like the result of case of Fa'alili v Allied Work Force Ltd, they had to face to be complained and economic compensation. At the same time, more terrible thing was they lose the credit standing of business more important than money. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%;"><span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">

<span style="color: #0000ff; font-family: 'Comic Sans MS',cursive; font-size: 120%;">3.What is the impact of the law on the way that business is conducted in New Zealand?

<span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">In my opinion, the law is very **important** for the business management but I also think the impact of law is **limited** (or called “passive”)

<span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">Saying it is important that because the impact of the law to the business infiltrate to the every decision-making and plan of business management. Generally, the different department law has the different impact to business management and approximately being divided into two categories – external impact and internal impact. <span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">For example, employment law is the legislation of adjusting the relationship between the employer and the employee. its impact to the business is showed in many accepts such as entering into the employment agreement; working payment; minimum wage increasing; holidays entitlement & pay; occupational health and safety(OSH); solution of the labor disputation etc.

<span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">Saying it is limited that because law has a character of lag or lack of forward-looking. I found that issues usually arise first, then the corresponding legislation followed to be done. That is why the cases can create new legislation and why the existing laws and rules need to be constantly amended, complemented or repealed with the development and progress of the times.

<span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">On the other hand, the law seems to be a “luxury goods” in a sense; the management under the law may increase the costs of the business, for example, overtime and holidays’ payment or adding equipments for production safety etc. but for some businesses who do not comply the relevant law, instead, the costs of business is lower. So, some of the businesses make use of interstices or limitation of the law to evade their legal obligation. In the long term a business breaches the relevant law it must face the great risks even going to sticks their business.

<span style="color: #0000ff; font-family: 'Comic Sans MS',cursive; font-size: 120%;">4. Where can people in business find out more information about the area of law and what they are required to do? <span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">If people in business want to find out more information about the area of Employment law especially on holiday’s entitlement, they can visit the website: [|www.eeotrust.org.nz], [|www.ers.dol.govt.nz] or refer to the related laws and regulations and rules such as:
 * <span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">Parental Leave and Employment Protection Act 1987 (“PLEPA”)


 * <span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">Employment Relations Act 2000


 * <span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">Holidays Act 2003(including October 2004 amendment)


 * <span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">Case of Fa'alili v Allied Work Force Ltd and Tokana v Bridgeman Concrete Auckland Ltd

<span style="font-family: Tahoma,Geneva,sans-serif; font-size: 110%;">Employees can obtain further information from their union or the Department of Labor.