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Parental Leave and Employment Protection Act 1987

Requirements concerning notice

34: Incomplete notification

You could also call this:

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

If you want to take parental leave, you need to give your employer a written notice. This notice needs to include certain information and documents. If you don’t include everything that’s required, your notice is considered ‘incomplete’.

If your notice is incomplete, your employer has to tell you within 7 days. They will give you a written notice explaining what’s missing and what else you need to provide.

When you get this notice from your employer, you have 14 days to give them the missing information or documents they’ve asked for.

Remember, the rules about what needs to be in your notice and what documents you need to provide are explained in sections 31 to 33 of this law. It’s important to follow these rules to make sure your parental leave request is handled properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120686.

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Part 4 Requirements concerning notice

34Incomplete notification

  1. Where any employee gives a written notice to the employee's employer stating that the employee wishes to take parental leave under this Act and any of the provisions of sections 31 to 33 that apply in respect of any information or assurance to be stated or given in, or any document required to accompany, that notice are not complied with, that notice shall be an incomplete notice for the purposes of subsection (2) and sections 35(2) and 36(2).

  2. Where an employee gives an incomplete notice within the meaning of subsection (1), the employer of that employee shall, within 7 days after the date on which it comes to that employer's attention that the notice is an incomplete notice, give to the employee a written notice stating that the notice is an incomplete notice and specifying the additional information, documentation, or assurance that the employee is required by any provision of sections 31 to 33 to give to the employer.

  3. An employee to whom a notice is given under subsection (2) shall, within 14 days after the date on which the employee receives the notice, give to the employer the additional information, documentation, or assurance specified in the notice and required by any provision of sections 31 to 33 to be given to the employer.