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Parental Leave and Employment Protection Act 1987

Primary carer leave - Provisions applicable to pregnant employees only

14: Right of employer to appoint date of commencement of primary carer leave

You could also call this:

“Employer can start your leave early if pregnancy makes work unsafe”

If you are pregnant and your job becomes unsafe or too hard for you to do because of your pregnancy, your employer might tell you to start your primary carer leave early. This can happen if there’s no other suitable work for you to do. Your employer can choose the date when your leave starts, even if it’s more than 6 weeks before your baby is due. However, your employer must follow the rules in section 9(2) of this law when making this decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120481.

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13: Right of medical practitioner or midwife to determine date of commencement of primary carer leave, or

“Doctor or midwife can choose when your parental leave starts”

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15: Special leave, or

“Pregnant workers can take extra days off before their main parental leave”

Part 1 Primary carer leave
Provisions applicable to pregnant employees only

14Right of employer to appoint date of commencement of primary carer leave

  1. Where, by reason of pregnancy, a female employee is unable to perform her work to the safety of herself or others or is incapable of performing her work adequately, her employer, if no other suitable work is available, may, subject to section 9(2), direct her to commence her primary carer leave on such date as the employer appoints (including a date that is earlier, by more than 6 weeks, than the expected date of delivery).

Compare
  • 1980 No 162 s 13
Notes
  • Section 14 heading: amended, on , by section 23(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
  • Section 14: amended, on , by section 23(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).