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Parental Leave and Employment Protection Act 1987

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

70B: Demand notice

You could also call this:

“Inspector can give employer notice to allow employee's parental leave”

If you’re an employee who wants to take parental leave, a Labour Inspector can help you if your employer doesn’t let you take it. Here’s how it works:

The Labour Inspector can give your employer a special notice called a ‘demand notice’ if:

You tell the Labour Inspector that your employer won’t let you take parental leave, even though the Inspector already said you could. Or, the Inspector thinks your employer is not letting you take your leave.

The Inspector gives your employer at least 7 days to explain their side of the story.

After hearing from your employer, the Inspector still believes you should be allowed to take parental leave.

The Inspector thinks your employer won’t agree to let you take leave in a fair way or within a reasonable time.

The Labour Inspector can give this demand notice to your employer in two ways. They can hand it directly to your employer. Or, if your employer doesn’t want to take it, the Inspector can leave it with them and point it out.

This helps make sure you can take the parental leave you’re entitled to, even if your employer is being difficult about it.

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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=DLM121083.

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

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

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70C: Objections to determination or demand notice, or

“How to challenge a parental leave decision made by a Labour Inspector”

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

70BDemand notice

  1. A Labour Inspector may serve on an employer a demand notice, in the prescribed form, if—

  2. either—
    1. an employee makes a complaint to the Labour Inspector that an employer has denied the employee's entitlement to take parental leave in a case where the Labour Inspector has previously made a determination that the employee is entitled to take leave; or
      1. the Labour Inspector believes on reasonable grounds that an employer has denied the employee's entitlement to take parental leave; and
      2. the Labour Inspector has given the employer not less than 7 days to comment on the complaint or the grounds for the Labour Inspector's belief; and
        1. the Labour Inspector, after considering any comments made by the employer under paragraph (b), is satisfied that the employee is entitled to take parental leave; and
          1. the Labour Inspector is satisfied that the employer is not prepared to acknowledge the employee's entitlement to parental leave in a reasonable manner or within a reasonable time.

            1. A demand notice must be served—

            2. by giving it to the employer concerned; or
              1. if the employer does not accept the demand notice, by leaving it in the employer's presence and drawing the employer's attention to it.

                Compare
                Notes
                • Section 70B: inserted, on , by section 18 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).