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New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Primary carer leave

11: Right of employee to determine date of commencement of primary carer leave

You could also call this:

“You can decide when to start your leave as the main carer for a child”

You can choose when to start your primary carer leave. You have the option to begin your leave up to 6 weeks before:

The day your baby is expected to be born, if you’re having a baby.

The day you plan to become the main carer for a child, in any other situation.

When you decide to start your leave, you need to follow the rules in section 37 of this law.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120476.

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10: Date of commencement of primary carer leave, or

“When your time off to care for a new child begins”

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12: Right of employer and employee to determine date of commencement of primary carer leave by agreement, or

“You and your boss can decide together when your time off to look after your new baby starts”

Part 1 Primary carer leave

11Right of employee to determine date of commencement of primary carer leave

  1. Primary carer leave may, at the option of the employee and subject to compliance with section 37, begin on a date which is earlier, by not more than 6 weeks than,—

  2. in the case of a child to be born to the employee, the expected date of delivery; or
    1. in any other case, the date on which the employee intends to become the primary carer in respect of the child.

      Compare
      • 1980 No 162 s 10(1)
      Notes
      • Section 11 heading: amended, on , by section 19(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
      • Section 11: amended, on , by section 19(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
      • Section 11: amended, on , by section 19(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
      • Section 11: amended, on , by section 19(4) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
      • Section 11(a): replaced, on , by section 19(5) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
      • Section 11(b): replaced, on , by section 19(5) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).