New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION (PAID PARENTAL LEAVE) AMENDMENT ACT 2002 - SECT 18

18 New heading and sections 70A to 70F inserted

The principal Act is amended by inserting, after section 70 , the following heading and sections:

70A Role of Labour Inspectors

1 A Labour Inspector may—

a) determine, if the employee and employer fail to agree, whether an employee will have been in the employment of the same employer for at least an average of 10 hours a week during a 12-month period in accordance with section 72A for the purpose of eligibility for parental leave; or

b) determine, if the employee and employer fail to agree, an employee's ordinary pay or average weekly earnings for the purpose of section 71M ; or

c) serve a demand notice as provided in section 70B ; or

d) otherwise enforce the rights and benefits in respect of parental leave or a parental leave payment under this Act.

2 A Labour Inspector must, as soon as practicable after making a determination, serve a copy on the employee and the employer.

3 The consequences of a determination are that it is prima facie evidence of the matter determined.

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)

70C Objections to determination or demand notice

1 An employer or an employee may lodge with the Employment Relations Authority an objection to a determination or a demand notice.

2 An objection must be lodged with the Authority within 28 days after the determination or demand notice is served on the employer or employee who makes the objection.

3 A demand notice has the consequences specified in section 70D —

a) if no objection is lodged before the close of the period specified in subsection (2) ; or

b) if any objection lodged before the close of the period specified in subsection (2) is withdrawn (whether before or after the close of that period).

Note: 2000 No 24 s 225(1)-(3)

70D Consequences of demand notice

The consequences of a demand notice are that it—

a) imposes a legal requirement on the employer to comply with it; and

b) is prima facie evidence that the employee has the entitlement specified in the notice; and

c) may be enforced by the making by the Employment Relations Authority of a compliance order under section 137 of the Employment Relations Act 2000 .

Note: 2000 No 24 s 225(4)

70E Authority to determine entitlement to parental leave on objection

The function of the Employment Relations Authority in respect of an objection is to determine whether or not the employee has the entitlement specified in the determination or demand notice.

Note: 2000 No 24 s 226(1)

70F Withdrawal of demand notice

A demand notice may be withdrawn at any time by a Labour Inspector, but the withdrawal of a demand notice does not prevent another demand notice being served in relation to the same matter.

Note: 2000 No 24 s 227

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