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Parental Leave and Employment Protection Act 1987

Primary carers not eligible for primary carer leave may request negotiated carer leave - Duties of employer

30E: Grounds for refusal of request by employer

You could also call this:

“When your employer can say no to your request for leave to look after someone”

Your employer can say no to your request for negotiated carer leave, but only for certain reasons. These reasons are:

  1. They can’t change how the work is done with the staff they have now.
  2. They can’t hire new people to help.
  3. It would make the quality of work worse.
  4. It would make how well the work is done worse.
  5. They are planning to change how the business is set up.
  6. It would cost too much money.
  7. It would make it hard to give customers what they need.

Your employer has to decide that at least one of these reasons applies before they can say no to your request.

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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=DLM6808503.

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30D: Employer must notify decision as soon as possible, or

“Your boss must quickly tell you if you can take time off to care for someone”

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30F: Limitation on challenging employer, or

“You can't argue if your boss says no to your special leave request”

Part 3A Primary carers not eligible for primary carer leave may request negotiated carer leave
Duties of employer

30EGrounds for refusal of request by employer

  1. An employer may refuse a request for negotiated carer leave only if the employer determines that the request cannot be accommodated on 1 or more of the grounds specified in subsection (2).

  2. The grounds are—

  3. inability to reorganise work among existing staff:
    1. inability to recruit additional staff:
      1. detrimental impact on quality:
        1. detrimental impact on performance:
          1. planned structural changes:
            1. burden of additional costs:
              1. detrimental effect on ability to meet customer demand.

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                Notes
                • Section 30E: inserted, on , by section 34 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).