New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 70B

70B Demand notice

1 A Labour Inspector may serve on an employer a demand notice, in the prescribed form, if—

a) either—

i) an employee makes a complaint to the Labour Inspector that an employer has denied the employee's entitlement to take parental leave in a case where the Labour Inspector has previously made a determination that the employee is entitled to take leave; or

ii) the Labour Inspector believes on reasonable grounds that an employer has denied the employee's entitlement to take parental leave; and

b) the Labour Inspector has given the employer not less than 7 days to comment on the complaint or the grounds for the Labour Inspector's belief; and

c) the Labour Inspector, after considering any comments made by the employer under paragraph (b), is satisfied that the employee is entitled to take parental leave; and

d) the Labour Inspector is satisfied that the employer is not prepared to acknowledge the employee's entitlement to parental leave in a reasonable manner or within a reasonable time.

2 A demand notice must be served—

a) by giving it to the employer concerned; or

b) if the employer does not accept the demand notice, by leaving it in the employer's presence and drawing the employer's attention to it.

Note: 2000 No 24 s 224(1), (2)

History: Section 70B: inserted, on 1 July 2002, by section 18 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).