New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 31

31 Obligation to notify employer

1 An employee who wishes to take parental leave under this Act shall give written notice to the employee's employer of the employee's wish to take that leave.

2 The notice under subsection (1) shall state the proposed date on which the employee wishes to commence leave, and the duration of the leave.

3 If the employee wishes to take parental leave in respect of a child to be born to the employee or to the employee’s spouse or partner, the notice under subsection (1)—

a) shall be given at least 3 months before the expected date of delivery; and

b) if given by a pregnant employee, shall be accompanied by a certificate from a medical practitioner or a midwife —

i) certifying that the female employee is pregnant; and

ii) stating the expected date of delivery; or

c) if given by the pregnant woman's spouse or partner, shall be accompanied by—

i) a certificate or a copy of a certificate from a medical practitioner or a midwife certifying that the woman named in the certificate is pregnant and stating the expected date of delivery; and

ii) a written assurance from the woman named in the medical certificate that the employee is her spouse or partner and that the employee intends to assume care of the child to be born to her.

4 Despite subsection (3), in the case of an employee who is a primary carer under section 7(1)(b)(iii) , the notice under subsection (1) must be given within a reasonable period after the employee becomes the primary carer in respect of the child.

Note: 1980 No 162 s 14(1), (3)

History: Section 31(3): amended, on 1 April 2016, by section 35 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).   Section 31(3)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).     Section 31(3)(b): 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 31(3)(b): amended, on 1 July 2002, by section 21 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 31(3)(c): amended, on 26 April 2005, by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).     Section 31(3)(c): amended, on 1 July 2002, by section 21 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 31(3)(c)(i): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).     Section 31(3)(c)(i): 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 31(3)(c)(ii): amended, on 26 April 2005, by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).     Section 31(3)(c)(ii): amended, on 1 July 2002, by section 21 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 31(4): inserted, on 13 January 2020, by section 18 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).