21Right of employee to determine date of commencement of partner’s leave

1. Partner’s leave may, at the option of the employee, begin,—

2. in the case of a child to be born to the employee’s spouse or partner, on any date in the period—
   1. beginning on the 21st day before the expected date of delivery; and
   2. ending with the close of the 21st day after the actual date of delivery or, if the child is discharged from a hospital or a similar establishment more than 21 days after the actual date of delivery, the close of the day on which the child is discharged from that hospital or establishment; or
3. in any other case, on any date in the period—
   1. beginning on the 21st day before the date on which the employee’s spouse or partner intends to become the primary carer in respect of the child; and
   2. ending with the close of the 21st day after the actual date on which the employee’s spouse or partner becomes the primary carer in respect of the child.

Notes

• Section 21: replaced, on 1 April 2016, by section 30 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).