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Parental Leave and Employment Protection Act 1987

Requirements concerning notice

31: Obligation to notify employer

You could also call this:

“You must tell your boss when you want to take time off for a new baby”

If you want to take parental leave, you need to tell your employer in writing. You should say when you want to start your leave and how long you want to be away.

If you’re having a baby or your partner is having a baby, you need to tell your employer at least 3 months before the baby is due. If you’re the pregnant person, you also need to give your employer a note from a doctor or midwife that says you’re pregnant and when the baby is due.

If you’re not the pregnant person but your spouse or partner is, you need to give your employer two things: a note from a doctor or midwife about your partner’s pregnancy, and a letter from your partner saying that you’re their spouse or partner and that you plan to look after the baby.

If you’re becoming a primary carer for a child in a different way, like through adoption, you should tell your employer as soon as you can after you become the primary carer.

Your employer needs this information to plan for when you’ll be away, so it’s important to give them as much notice as you can.

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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=DLM120669.

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Part 4 Requirements concerning notice

31Obligation to notify employer

  1. An employee who wishes to take parental leave under this Act shall give written notice to the employee's employer of the employee's wish to take that leave.

  2. The notice under subsection (1) shall state the proposed date on which the employee wishes to commence leave, and the duration of the leave.

  3. If the employee wishes to take parental leave in respect of a child to be born to the employee or to the employee’s spouse or partner, the notice under subsection (1)—

  4. shall be given at least 3 months before the expected date of delivery; and
    1. if given by a pregnant employee, shall be accompanied by a certificate from a medical practitioner or a midwife—
      1. certifying that the female employee is pregnant; and
        1. stating the expected date of delivery; or
        2. if given by the pregnant woman's spouse or partner, shall be accompanied by—
          1. a certificate or a copy of a certificate from a medical practitioner or a midwife certifying that the woman named in the certificate is pregnant and stating the expected date of delivery; and
            1. a written assurance from the woman named in the medical certificate that the employee is her spouse or partner and that the employee intends to assume care of the child to be born to her.

            2. Despite subsection (3), in the case of an employee who is a primary carer under section 7(1)(b)(iii), the notice under subsection (1) must be given within a reasonable period after the employee becomes the primary carer in respect of the child.

            Compare
            • 1980 No 162 s 14(1), (3)
            Notes
            • Section 31(3): amended, on , by section 35 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
            • Section 31(3)(b): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
            • Section 31(3)(b): amended, on , by section 10 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
            • Section 31(3)(b): amended, on , by section 21 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
            • Section 31(3)(c): amended, on , by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).
            • Section 31(3)(c): amended, on , by section 21 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
            • Section 31(3)(c)(i): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
            • Section 31(3)(c)(i): amended, on , by section 10 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
            • Section 31(3)(c)(ii): amended, on , by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).
            • Section 31(3)(c)(ii): amended, on , by section 21 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
            • Section 31(4): inserted, on , by section 18 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).