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Parental Leave and Employment Protection Act 1987

COVID-19 response workers

30JD: Meaning of COVID-19 response worker

You could also call this:

“Who counts as a COVID-19 response worker during parental leave”

If you are entitled to parental leave and you agree to temporarily go back to work because of COVID-19, you might be called a COVID-19 response worker. This applies if you are an employee who agrees with your boss to return to work, or if you work for yourself and want to go back to work for a short time.

You are considered a COVID-19 response worker if your job is important for dealing with COVID-19 in one of two ways. First, if no one else can do your job because of your special skills or experience. Second, if there are more people needed to do your kind of work than usual because of COVID-19.

This rule is part of the law about parental leave and protecting your job. It helps explain who can be a COVID-19 response worker during the COVID-19 outbreak.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS350833.

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“What important words mean in this law about work during COVID-19”

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30JE: COVID-19 response work day is not keeping-in-touch day, or

“Working during COVID-19 doesn't count as a normal work day during parental leave”

Part 3B COVID-19 response workers

30JDMeaning of COVID-19 response worker

  1. This section applies to a person if—

  2. the person is entitled to parental leave; and
    1. the person is—
      1. an employee who has agreed with their employer to temporarily return to work to respond to circumstances related to the outbreak of COVID-19; or
        1. a self-employed person who wants to temporarily return to work to respond to circumstances related to the outbreak of COVID-19.

        2. A person to whom this section applies is a COVID-19 response worker if, in circumstances related to the outbreak of COVID-19,—

        3. their role cannot reasonably be filled by another person (because of the person’s skill, qualifications, or experience); or
          1. there is higher demand than usual for workers doing their role.

            Notes
            • Section 30JD: inserted, on , by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13).