23Entitlement of employee to extended leave

1. Except as otherwise provided in this Act, an employee is entitled to extended leave if—

2. the employee—
   1. is the primary carer in respect of a child; or
   2. is the spouse or partner of the primary carer in respect of a child and assumes or intends to assume responsibility for the care of that child; and
3. the employee meets—
   1. the 6-month employment test (in which case the maximum duration of extended leave is 26 weeks, as set out in section 26(1)(a)); or
   2. the 12-month employment test (in which case the maximum duration of extended leave is 52 weeks, as set out in section 26(1)(b)).

4. An employee is not entitled to extended leave in respect of a child under subsection (1) if that employee has previously taken, in respect of that child, 1 or more periods of leave that in total amount to the employee’s maximum entitlement under section 26(1)(a) or (b), whether that leave is—

5. extended leave under this Act; or
6. a period of leave in the nature of extended leave under any Act other than this Act, or any employment agreement.

Notes

• Section 23: replaced, on 1 April 2016, by section 32 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).