New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 56

56 Parental leave complaints

1 Where any employee alleges that the employee's employer—

a) is not justified in stating, in the notice given to the employee under section 36 , that the employee is not entitled to take any period of parental leave or that the employee's position cannot be kept open; or

b) has, in contravention of section 49(1) , terminated the employee's employment or given the employee notice terminating the employee's employment; or

c) has taken other action, or has omitted to do something, that affects, to the employee's disadvantage, the employee's rights and benefits in respect of parental leave or a parental leave payment; or

d) has exercised, without reasonable justification, the powers conferred on the employer by section 14 or section 16 ,—

that allegation shall be a parental leave complaint to which this section applies, and the employee may use, in respect of that parental leave complaint, the procedures provided in sections 57 to 67 .

2 A parental leave complaint to which this section applies shall not be made—

a) after the expiration of 26 weeks from the date on which the subject matter of the complaint arose; or

b) after the expiration of 26 weeks from—

i) the expected date of delivery of the child (in the case of a child to be born to the employee or to the employee’s spouse or partner); or

ii) the first date on which either the employee or the employee’s spouse or partner became the primary carer in respect of the child (in any other case); or

c) after the expiration of 8 weeks from the expiry of any period of parental leave taken by the employee,—

whichever is the later.

3 The procedures provided in sections 57 to 67 may be used before or after the making of an interim order under section 55 .

4 A parental leave complaint to which this section applies is not a personal grievance within the meaning of section 103 of the Employment Relations Act 2000 .

Note: 1980 No 162 s 34

History: Section 56(1): amended, on 1 July 2002, by section 14(2) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).   Section 56(1)(c): substituted, on 1 July 2002, by section 15 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 56(2)(b): replaced, on 1 April 2016, by section 45 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 56(4): substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).