27Period during which extended leave may be taken

1. An employee may take 1 or more periods of extended leave (up to the maximum amount to which the employee is entitled) at any time within the period beginning with the applicable start date and ending with the applicable end date.

2. If an employee takes more than 1 period of extended leave within the period referred to in subsection (1), each such period of extended leave must be taken on dates agreed between the employee and the employer.

3. In this section,—

   applicable start date means,—

   1. if the employee takes primary carer leave in respect of a child, the date of expiry or earlier termination of the employee’s primary carer leave; or
   2. if the employee takes partner’s leave in respect of a child, the date of expiry or earlier termination of the employee’s partner’s leave; or
   3. if the employee is entitled to take primary carer leave or partner’s leave in respect of a child, and has not taken any such leave,—
      1. in the case of a child born to the employee or to the employee’s spouse or partner, the date of confinement; or
      2. in any other case, the first date on which either the employee or the employee’s spouse or partner becomes the primary carer in respect of the child; or
   4. any other date that is agreed on by the employee and that employee's employer

   applicable end date means,—

   1. if the employee, or the employee’s spouse or partner, qualifies for extended leave under section 23(1)(b)(i) (which applies to employees who meet the 6-month employment test),—
      1. in the case of a child born to the employee, or to the employee’s spouse or partner, the date on which the child attains the age of 6 months; or
      2. in any other case, the date that is 6 months after the first date on which either the employee, or the employee’s spouse or partner, becomes the primary carer in respect of the child; or
   2. if the employee, or the employee’s spouse or partner, qualifies for extended leave under section 23(1)(b)(ii) (which applies to employees who meet the 12-month employment test),—
      1. in the case of a child born to the employee, or to the employee’s spouse or partner, the date on which the child attains the age of 12 months; or
      2. in any other case, the date that is the first anniversary of the first date on which either the employee, or the employee’s spouse or partner, becomes the primary carer in respect of the child.

4. No employee is entitled to start or continue any period of extended leave under this Act after—

5. the applicable end date; or
6. the date on which the employee ceases to have care of the child in respect of whom the extended leave is taken.

7. Subsection (1) is subject to subsection (4) and section 28.

8. Subsection (4) prevails over all other provisions of this Act.

Notes

• Section 27: replaced, on 1 April 2016, by section 33 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).