New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 32

32 Requirements where extended leave sought

1 Where any notice is given in accordance with section 31 by an employee wishing to take any period of extended leave under this Act, that notice shall, in addition to the matters required by that section or by section 33 ,—

a) state whether the employee's spouse or partner is proposing to take any period of extended leave or primary carer leave under this Act:

b) state the name of the employee's spouse or partner and the name and address of the employer of the employee's spouse or partner:

c) state the proposed dates of commencement and expiry of each period of leave proposed to be taken in respect of the child by—

i) the employee; and

ii) the employee's spouse or partner,—

under this Act or under any provision contained in any Act other than this Act or in any employment agreement:

d) contain an assurance by the employee that the aggregate periods of leave of the kinds specified in subsection (2) that are proposed to be taken in respect of the child by the employee and the employee’s spouse or partner will not exceed the maximum combined entitlements of the employee and the employee’s spouse or partner set out in section 26(2) .

2 The kinds of leave referred to in subsection (1)(d) are—

a) all primary carer leave (other than primary carer leave in excess of 26 weeks taken under section 9(2) ); and

b) all extended leave under this Act; and

c) all leave (other than partner’s leave) to which the employee or the employee’s spouse or partner is entitled in respect of the child by or under any Act other than this Act or under any employment agreement.

History: Section 32(1)(a): amended, on 1 April 2016, by section 36(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).   Section 32(1)(a): amended, on 26 April 2005, by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).     Section 32(1)(b): amended, on 26 April 2005, by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).     Section 32(1)(c): amended, on 1 July 2002, by section 22 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 32(1)(c): amended, on 15 May 1991, by section 3 of the Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).     Section 32(1)(c)(ii): amended, on 26 April 2005, by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).     Section 32(1)(d): replaced, on 1 April 2016, by section 36(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 32(2): inserted, on 1 April 2016, by section 36(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 32(2)(a): amended, on 1 July 2020, by section 20 of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).