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Parental Leave and Employment Protection Act 1987

Requirements concerning notice

35: Failure to notify employer

You could also call this:

“What happens if you don't tell your boss about your long break in time”

If you don’t tell your employer about your plans for extended leave within the required time, you might not be able to take that leave right away. There are two ways you can still take extended leave in this situation. First, you can give your employer a written notice and then wait for three months before taking the leave. Second, your employer can agree to let you take the extended leave anyway.

If you gave your employer some information about your leave plans on time, but didn’t include all the required details, you can still take extended leave. The rules about waiting or getting special permission don’t apply to you in this case.

Remember, there’s a separate rule (in section 68) that might change how this works in some situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120687.

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Part 4 Requirements concerning notice

35Failure to notify employer

  1. Subject to section 68, where an employee fails to give notice under section 31(1) within the time required by section 31(3) or section 33, that employee shall not be entitled to take extended leave under this Act unless—

  2. that employee gives a written notice under section 31(1) to his or her employer and a period of 3 months beginning with the date of the giving of that notice has expired; or
    1. the employer of that employee agrees that the employee may take extended leave under this Act.

      1. Nothing in subsection (1) shall apply to an employee who gives an incomplete notice to that employee's employer within the time required by section 31(3) or section 33.