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Parental Leave and Employment Protection Act 1987

COVID-19 response workers - Department’s discretion in relation to this Part

30JR: Department’s discretion about irregular applications

You could also call this:

“Department can decide on unusual requests for changes to parental leave”

Section 71IA applies to applications made under section 30JF. This means the department can use its judgement when dealing with applications that have some irregularities. These irregularities can include:

You can apply after you’ve already started your COVID-19 response work.

You can apply under section 71I at the same time as you apply under section 30JF.

You can apply after you’ve gone back to parental leave after finishing your COVID-19 response work.

You can apply after this section starts, even if your COVID-19 response work happened at any time during the COVID-19 response period. This includes work done before or after this section started.

You can apply after you’ve given a notice as per section 71U. The department might treat this notice as enough to follow section 30JG.

The department can decide how to handle these situations, even though they’re not exactly what the rules normally say.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS350856.

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Part 3B COVID-19 response workers
Department’s discretion in relation to this Part

30JRDepartment’s discretion about irregular applications

  1. Section 71IA applies to an application made under section 30JF as if an irregularity includes—

  2. an application being made after the COVID-19 response worker has begun COVID-19 response work; and
    1. an application under section 71I being made at the same time as an application under section 30JF; and
      1. an application being made after the COVID-19 response worker has begun parental leave again after completing COVID-19 response work; and
        1. an application being made after the commencement of this section and in respect of COVID-19 response work that occurred at any time during the COVID-19 response period (whether the work was performed before or after the commencement of this section); and
          1. an application being made after a notice was given in accordance with section 71U (and the department may treat the notice as sufficient to comply with section 30JG).

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