Part 3A
Primary carers not eligible for primary carer leave may request negotiated carer leave
Employee's right to make request
30BEmployee may make request
This section applies to an employee who—
- is not entitled to primary carer leave; but
- is entitled to parental leave payments under section 71D(1) if the employee takes leave from the employee’s employment for the period during which the employee intends to receive parental leave payments.
An employee to whom this section applies may make a request to his or her employer for negotiated carer leave.
The request must be made,—
- in the case of an employee who wishes to take negotiated carer leave in respect of a child to be born to the employee or to the employee’s spouse or partner, at least 3 months before the expected date of delivery; or
- in the case of an employee who is a primary carer under section 7(1)(b)(iii), within a reasonable period after the employee becomes the primary carer in respect of the child; or
- in any other case, at least 14 days prior to the date on which the employee intends to become the primary carer in respect of the child.
Notes
- Section 30B: inserted, on , by section 34 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
- Section 30B(3)(aa): inserted, on , by section 17 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).