New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 28

28 Sharing of extended leave

1 The maximum combined period of extended leave provided by section 26(2) may be shared between an employee and that employee's spouse or partner in any way set out in subsection (2), or in any other manner that is agreed on by the employee and the employee's spouse or partner and their respective employers, provided that—

a) neither the employee nor the employee’s spouse or partner takes a period of extended leave that exceeds, or periods of extended leave that in total exceed, the amount of extended leave to which that person is individually entitled under section 26(1) ; and

b) the total period formed by adding together all periods of extended leave taken by the employee and the employee’s spouse or partner does not exceed the maximum combined period of extended leave provided by section 26(2) .

2 The ways in which the maximum combined period of extended leave may be shared between an employee and that employee’s spouse or partner are—

a) the employee or the employee's spouse or partner may take the full maximum combined period of extended leave, and the other not take any period of primary carer or extended leave under this Act:

b) the employee and the employee's spouse or partner may each take a period or periods of extended leave, and neither of them take any period of primary carer leave:

c) either the employee or the employee's spouse or partner (or both, in the case of a transfer of entitlements) may take a period of primary carer leave, and each of the employee and the employee's spouse or partner may take 1 or more periods of extended leave.

3 Subsection (2) is subject to subsection (1).

History: Section 28: replaced, on 1 April 2016, by section 33 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).