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Parental Leave and Employment Protection Act 1987

Requirements concerning notice

39: Employee's notice in relation to return to work

You could also call this:

“Telling your boss if you're coming back to work after having a baby”

If you’re on parental leave and your job is being kept open for you, you need to tell your employer in writing whether you’re coming back to work or not. You must do this at least 21 days before your parental leave ends.

If you want to come back to work earlier than planned, or if you want to end your parental leave and start your period of preference sooner, you need to let your employer know in writing. You should do this at least 21 days before you want to return or start your period of preference.

Sometimes, your employment agreement might say you need to give more notice when you’re resigning. If that’s the case, you should follow what your agreement says instead of the 21-day rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120691.

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Part 4 Requirements concerning notice

39Employee's notice in relation to return to work

  1. Every employee who is on parental leave and whose position is being kept open by the employer, shall, not later than 21 days before the date on which the employee's parental leave ends, give to the employer written notice stating whether or not the employee will be returning to work at the end of the employee's parental leave.

  2. Where an employee chooses,—

  3. pursuant to section 45(1)(f), to return to work before the date on which the employee is required to return to work at the end of the parental leave; or
    1. pursuant to section 45(1)(g), to end any period of parental leave and begin the period of preference before the date on which the period of preference would otherwise begin,—
        1. the employee shall give to the employer not less than 21 days' notice in writing of the date on which the employee intends to return to work or begin the period of preference, as the case may be.

      1. Subsection (1) does not apply if the employee’s employment agreement requires the employee to give a longer period of notice of resignation to the employer.

      Compare
      • 1980 No 162 s 18
      Notes
      • Section 39(3): inserted, on , by section 39 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).