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Parental Leave and Employment Protection Act 1987

Requirements concerning notice

32: Requirements where extended leave sought

You could also call this:

“What you need to tell your boss when asking for a long time off work to care for your baby”

When you want to take extended leave under this law, you need to give a notice with some extra information. You must say if your spouse or partner is also planning to take extended leave or primary carer leave. You need to provide your spouse or partner’s name and their employer’s name and address.

You also need to tell your employer the start and end dates of all the leave that you and your spouse or partner plan to take for the child. This includes leave under this law and any other laws or work agreements.

You must promise that the total amount of leave you and your spouse or partner are taking doesn’t go over the maximum time allowed. This maximum is set out in another part of the law.

The types of leave that count towards this total are:

  1. All primary carer leave (except for some extra weeks in special cases)
  2. All extended leave under this law
  3. Any other leave for the child that you or your spouse or partner can take under other laws or work agreements (but not including partner’s leave)

Remember, you’re asking for this information to make sure everything is fair and follows the rules about parental leave.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120677.

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Part 4 Requirements concerning notice

32Requirements where extended leave sought

  1. Where any notice is given in accordance with section 31 by an employee wishing to take any period of extended leave under this Act, that notice shall, in addition to the matters required by that section or by section 33,—

  2. state whether the employee's spouse or partner is proposing to take any period of extended leave or primary carer leave under this Act:
    1. state the name of the employee's spouse or partner and the name and address of the employer of the employee's spouse or partner:
      1. state the proposed dates of commencement and expiry of each period of leave proposed to be taken in respect of the child by—under this Act or under any provision contained in any Act other than this Act or in any employment agreement:
        1. the employee; and
          1. the employee's spouse or partner,—
          2. contain an assurance by the employee that the aggregate periods of leave of the kinds specified in subsection (2) that are proposed to be taken in respect of the child by the employee and the employee’s spouse or partner will not exceed the maximum combined entitlements of the employee and the employee’s spouse or partner set out in section 26(2).

            1. The kinds of leave referred to in subsection (1)(d) are—

            2. all primary carer leave (other than primary carer leave in excess of 26 weeks taken under section 9(2)); and
              1. all extended leave under this Act; and
                1. all leave (other than partner’s leave) to which the employee or the employee’s spouse or partner is entitled in respect of the child by or under any Act other than this Act or under any employment agreement.

                  Notes
                  • Section 32(1)(a): amended, on , by section 36(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                  • Section 32(1)(a): amended, on , by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).
                  • Section 32(1)(b): amended, on , by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).
                  • Section 32(1)(c): amended, on , by section 22 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
                  • Section 32(1)(c): amended, on , by section 3 of the Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).
                  • Section 32(1)(c)(ii): amended, on , by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).
                  • Section 32(1)(d): replaced, on , by section 36(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                  • Section 32(2): inserted, on , by section 36(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                  • Section 32(2)(a): amended, on , by section 20 of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).