New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 40

40 Presumption that employee's position can be kept open in the case of first period of parental leave not exceeding 4 weeks

1 Where an employee takes a continuous period of parental leave—

a) that does not exceed 4 weeks (inclusive of any public or statutory holiday falling within the period); and

b) that is the first period of parental leave taken by the employee in respect of the child; and

c) of which the employee's employer has had no less notice than the period of notice required by section 31(3) or section 33 , as the case may be,—

the employer shall be presumed, in any proceedings under this Act, to be able to keep open for the employee, until the end of that period of parental leave, the employee's position in the employment of the employer unless the employer proves that the employee's position cannot be kept open because of the occurrence of a redundancy situation.

2 For the purposes of determining under subsection (1) whether an employer has had no less notice of a period of parental leave than the period of notice required by section 31(3) or section 33 , as the case may be, it shall be sufficient if the employer had notice that a period of parental leave not exceeding 4 weeks would be taken by the employee, notwithstanding that the employer did not have the requisite notice of the exact date on which the period of parental leave would commence, and the exact date on which it would cease.

3 The reference in subsection (1) to the employee's position in the employment of the employer shall be a reference to the position ordinarily held by the employee, and shall not include any position to which the employee was temporarily transferred under section 16 .