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Parental Leave and Employment Protection Act 1987

COVID-19 response workers - Role of Labour Inspectors in relation to this Part

30JS: Labour Inspectors may make determinations

You could also call this:

“Labour inspectors can decide about working during parental leave”

A Labour Inspector can make decisions about when you can temporarily return to work during your parental leave. They can decide if it’s okay for you to work for more than 12 weeks, or if you can return to work more than once, as long as the total time doesn’t go over 12 weeks (or a longer time if they’ve decided that’s okay).

When the Labour Inspector makes a decision, they have to tell you and your employer about it as soon as they can. Their decision is considered good evidence if anyone questions it later.

The rules about how Labour Inspectors make these decisions and what happens after are the same as the rules for other decisions they make about work issues. You can find these rules in sections 70C and 70E of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS350858.

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Part 3B COVID-19 response workers
Role of Labour Inspectors in relation to this Part

30JSLabour Inspectors may make determinations

  1. A Labour Inspector may determine, for the purposes of an application made under section 30JF,—

  2. that a temporary return to work for longer than 12 weeks is a temporary return to work and is a reasonable period in the circumstances; or
    1. that more than 1 temporary return to work is reasonable in the circumstances and is a temporary return to work, as long as the returns do not together exceed a period of 12 weeks (or any other period determined under paragraph (a)).

      1. A Labour Inspector must, as soon as practicable after making a determination, serve a copy on the worker and any employer.

      2. The consequences of a determination are that it is prima facie evidence of the matter determined.

      3. Sections 70C and 70E apply to a determination under this section in the same way as those sections apply to a determination under section 70A.

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