Parental Leave and Employment Protection Act 1987

Primary carers not eligible for primary carer leave may request negotiated carer leave - Employee's right to make request

30B: Employee may make request

You could also call this:

“You can ask your boss for special leave if you're going to care for a child”

You can ask your employer for negotiated carer leave if you’re not allowed to take primary carer leave, but you can get parental leave payments if you take time off work. You need to ask your employer for this leave at certain times:

If you’re having a baby or your partner is having a baby, you need to ask at least 3 months before the baby is due.

If you’ve just become the main carer for a child, you should ask as soon as you can after becoming the main carer.

For any other situation, you need to ask at least 14 days before you plan to start being the main carer for the child.

Remember, you can only ask for this leave if you’re eligible for parental leave payments when you take time off work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6812564.


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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

  1. This section applies to an employee who—

  2. is not entitled to primary carer leave; but
    1. 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.
      1. An employee to whom this section applies may make a request to his or her employer for negotiated carer leave.

      2. The request must be made,—

      3. 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
        1. 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
          1. 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).