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Parental Leave and Employment Protection Act 1987

Remedies available to employees - Role of Labour Inspectors in relation to employees

70A: Labour Inspectors may make determinations in respect of employees

You could also call this:

“Labour Inspectors can decide about your parental leave if you and your boss disagree”

A Labour Inspector can help with different things about parental leave. They can decide if you’ve worked enough hours to get parental leave if you and your boss can’t agree. They can also check if you can get parental leave payments. If you and your boss can’t agree on how much you usually get paid, the Labour Inspector can work that out too. They can give your boss a notice if they need to, and they can make sure you get the rights and benefits you should have for parental leave.

After the Labour Inspector makes a decision, they will give a copy to you and your boss as soon as they can. When the Labour Inspector makes a decision, it’s treated as the first proof of what they decided about.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121078.

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Part 7 Remedies available to employees
Role of Labour Inspectors in relation to employees

70ALabour Inspectors may make determinations in respect of employees

  1. A Labour Inspector may—

  2. determine, if the employee and employer fail to agree, whether an employee will have been employed by the same employer for at least an average of 10 hours a week during a 12-month period (or 6-month period, as the case may be) in accordance with section 72A for the purpose of eligibility for parental leave; or
    1. determine, at the request of the department, whether an employee meets the parental leave payment threshold test; or
      1. determine, at the request of the department or if the employee and employer fail to agree, an employee’s ordinary pay or average weekly income from work for the purpose of section 71M(1); or
        1. serve a demand notice as provided in section 70B; or
          1. otherwise enforce the rights and benefits in respect of parental leave or a parental leave payment under this Act.

            1. A Labour Inspector must, as soon as practicable after making a determination, serve a copy on the employee and the employer.

            2. The consequences of a determination are that it is prima facie evidence of the matter determined.

            Notes
            • Section 70A: inserted, on , by section 18 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
            • Section 70A heading: substituted, on , by section 19(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
            • Section 70A(1)(a): amended, on , by section 46(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
            • Section 70A(1)(a): amended, on , by section 46(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
            • Section 70A(1)(a): amended, on , by section 17 of the Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89).
            • Section 70A(1)(ab): inserted, on , by section 46(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
            • Section 70A(1)(b): replaced, on , by section 46(4) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).