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Parental Leave and Employment Protection Act 1987

Primary carers not eligible for primary carer leave may request negotiated carer leave - Resolving disputes

30I: Application to Employment Relations Authority

You could also call this:

“How to get help if your employer doesn't allow flexible work”

If you think your employer hasn’t followed the rules about flexible working arrangements, you can ask for help. First, you and your employer should try to work things out through mediation. If that doesn’t solve the problem, you can ask the Employment Relations Authority to look at your case.

You need to ask the Employment Relations Authority within 12 months of a specific date. This date is either when your employer told you they wouldn’t allow the flexible work (if they told you within a month of your request), or one month after you asked for flexible work (if your employer didn’t respond quickly).

The Employment Relations Authority will then decide if your employer followed the rules about flexible working arrangements.

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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=DLM6812579.

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“Helpers for solving work problems about flexible hours”

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“Employers might have to pay money to workers if they break special rules”

Part 3A Primary carers not eligible for primary carer leave may request negotiated carer leave
Resolving disputes

30IApplication to Employment Relations Authority

  1. This section applies if—

  2. an employee believes that his or her employer has not complied with section 30D; and
    1. mediation has not resolved the matter.

      1. The employee may apply to the Employment Relations Authority for a determination as to whether the employer has complied with section 30D.

      2. An application must be made within 12 months after the relevant date.

      3. In subsection (3), relevant date means,—

      4. if the employer notifies a refusal within 1 month after receiving a request, the date of the notification:
        1. in any other case, the date that is 1 month after the employer received the employee's request.

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