Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Requirements concerning notice

33: Requirements where primary carer is not biological mother or her spouse or partner

You could also call this:

“Rules for becoming the main caregiver of a child you didn't give birth to”

If you or your partner want to be the main caregiver for a child that neither of you gave birth to, you need to tell your employer about this. You must do this at least 14 days before you or your partner plan to start being the main caregiver. When you tell your employer, you need to say clearly that you or your partner will be the main caregiver for the child. You also need to give your employer any proof that the rules say you need to provide. This is all part of the process of asking for parental leave from your job.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM120684.

Previous

32: Requirements where extended leave sought, or

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

Next

34: Incomplete notification, or

“What happens if your parental leave notice is missing information”

Part 4 Requirements concerning notice

33Requirements where primary carer is not biological mother or her spouse or partner

  1. If an employee, or his or her spouse or partner, intends to be the primary carer in respect of a child to whom the employee or the employee’s spouse or partner did not give birth, the notice required to be given under section 31(1) must—

  2. include a statement by the employee that the employee (or his or her spouse or partner, as applicable) will be the primary carer in respect of the child; and
    1. be given at least 14 days before the employee (or his or her spouse or partner, as applicable) intends to become the primary carer in respect of the child; and
      1. be accompanied by any evidence that is prescribed in regulations.

        Notes
        • Section 33: replaced, on , by section 37 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).