# Parental Leave and Employment Protection (Equality through Sharing) Amendment Bill

### 1. Title

This Act may be cited as the Parental Leave and Employment Protection (Sharing for Equality) Amendment Act 2020.

### 2. Commencement

This Act comes into force one year after receiving the Royal Assent

### 3. Purpose

The purpose of this Act is to expand the entitlement of paid parental leave to 32 weeks, replace partner’s leave, and ensure that both parents have 6 weeks of exclusive leave.

### 4. Principal Act amended

This Act amends the Parental Leave and Employment Protection Act 1987 (the principal Act).

### 5. Part 2 repealed

Repeal Part 2 (Partner’s leave).

### 6. Section 71E amended (Entitlement may be transferred to spouse or partner)

(1) In section 71E(1), replace “all or part” with “no less than 6 weeks and no more than 26 weeks”.

(2) Insert a new subsection (3):
>
> * (3) In each case where this section may apply, no less than 6 weeks of entitlement shall be considered automatically transferred.
>
> * (4) The first 6 weeks of transferred entitlement need not be realised immediately.

### 7. Consequential amendments

The enactment and regulations specified in Schedule 1 are amended in the manner indicated in that schedule.

### Schedule 1: Consequential amendments

#### Part 1: Amendments to the Parental Leave and Employment Protection Act 1987

### Section 1A

In section 1A(c) replace "26 weeks" with "32 weeks".

### Section 1B

In section 1B(3)(a)(i) and (iii), (b)(i) and (iii), (c\)(ii), and (d)(ii), replace "26 weeks" with "32 weeks".

### Section 9

(1) In section 9(1) and (3), replace "26 weeks" with "32 weeks".

(2) In section 9(2), replace "12 weeks" with "20 weeks".

### Section 26
In section 26(3), replace "26 weeks" with "32 weeks".

### Section 32

In section 32(2)(a), replace "26 weeks" with "32 weeks".

### Section 45

In section 45(4)(a), replace "26 weeks" with "32 weeks".

### Section 71A
In section 71A(a), replace "26 weeks" with "32 weeks".

### Section 71CE

In section 71CE(1) and (3)(b), replace "64" with "72".

### Section 71J

In section 71J(1)(a) and (b), replace "26 weeks" with "32 weeks".

### Section 71L

In section 71L(1)(a), replace "26 weeks" with "32 weeks".

#### Part 2: Amendments to the Parental Leave and Employment Protection Regulations 2016

### Regulation 9

In regulation 9(2)(a)(v), replace "26 weeks" with "32 weeks".

### Regulation 10

In regulation 10(2)(a)(iv), replace "26 weeks" with "32 weeks".

### Regulation 15

In regulation 15(3)(e), replace "26 weeks" with "32 weeks".

### Schedule 2

In Schedule 2, form 2, notes 3 and 4, replace "26 weeks" with "32 weeks".