In this Act, unless the context otherwise requires, primary carer means—

If 2 or more persons meet the criterion in subsection (1)(c),—

Subsection (2)(b) does not limit sections 71E and 71EA (both of which relate to the transfer of entitlements to parental leave payments to a spouse or partner) or section 72B (which relates to succession to entitlements by a spouse or partner).

An employee may take primary carer leave if the employee—

No employee may take primary carer leave under subsection (1) in respect of a child if the employee has previously taken a period of leave in respect of that child, being—

Subsection (2) does not apply to an employee who is a primary carer under section 7(1)(b)(iii).

Primary carer leave must be taken in 1 continuous period not exceeding 26 weeks, subject to subsection (2).

If a female employee begins her primary carer leave—

the female employee shall be entitled to take at least 20 weeks of her primary carer leave after the expected date of delivery and, if necessary for that purpose, to extend the duration of her primary carer leave.

A period of primary carer leave in excess of 26 weeks taken by a female employee under subsection (2) is to be treated as primary carer leave for the purposes of this Act, but must not be taken into account in assessing under section 26 any period of extended leave to which the female employee or her spouse or partner may be entitled under this Act.

Any week in relation to which a preterm baby payment is made to a person is in addition to, and must not be counted when determining, the duration of primary carer leave under this section.

Primary carer leave begins,—

Primary carer leave may, at the option of the employee and subject to compliance with section 37, begin on a date which is earlier, by not more than 6 weeks than,—

Primary carer leave may, by agreement between the employee and his or her employer, begin on any date before,—

If a medical practitioner or midwife considers that the female employee, being pregnant, should begin her primary carer leave before the expected date of delivery, the medical practitioner or midwife may give to the female employee a certificate specifying the date on which, in the medical practitioner’s or midwife’s opinion, that female employee should begin her primary carer leave.

If the female employee gives that certificate to her employer, her primary carer leave, despite section 10 or section 12 or section 14, begins on the earlier of—

Where, by reason of pregnancy, a female employee is unable to perform her work to the safety of herself or others or is incapable of performing her work adequately, her employer, if no other suitable work is available, may, subject to section 9(2), direct her to commence her primary carer leave on such date as the employer appoints (including a date that is earlier, by more than 6 weeks, than the expected date of delivery).

A female employee who is pregnant is entitled, before taking primary carer leave, to take a total of up to 10 days’ special leave without pay for reasons connected with her pregnancy.

No period of special leave taken under subsection (1) by a female employee shall be taken into account in assessing the period of primary carer leave or the period of extended leave to which that female employee or her spouse or partner is entitled in accordance with this Act.

Where, by reason of pregnancy, a female employee is unable to perform her work to the safety of herself or others or is incapable of performing her work adequately, her employer may temporarily transfer her from one job to another.

An employee may take partner’s leave if the employee—

Despite subsection (1), an employee may not take partner’s leave in respect of a child under subsection (1) if—

Partner’s leave must be taken in 1 continuous period not exceeding—

Partner’s leave begins,—

Partner’s leave may, at the option of the employee, begin,—

Partner’s leave may, by agreement between the employee and his or her employer, begin on any date.

Except as otherwise provided in this Act, an employee is entitled to extended leave if—

An employee is not entitled to extended leave in respect of a child under subsection (1) if that employee has previously taken, in respect of that child, 1 or more periods of leave that in total amount to the employee’s maximum entitlement under section 26(1)(a) or (b), whether that leave is—

Subject to subsections (2) and (3), the maximum amount of extended leave that an individual employee may take in respect of a child is—

If an employee and that employee’s spouse or partner are each individually entitled to extended leave in respect of the same child, the maximum combined entitlement of the employee and his or her spouse or partner is—

If an employee takes primary carer leave in respect of a child, the period of extended leave to which the employee and his or her spouse or partner are entitled in respect of the child is the relevant period specified in subsection (1) or (2) reduced by the total period of primary carer leave taken, excluding any period of primary carer leave in excess of 26 weeks taken under section 9(2).

If a female employee takes special leave under section 15, the period of extended leave to which that female employee or her spouse or partner is entitled in accordance with this Act is not reduced.

If an employee takes a period of partner’s leave, the period of extended leave to which the employee and his or her spouse or partner are entitled in accordance with this Act is not reduced.

Any week in relation to which a preterm baby payment is made to a person is in addition to, and must not be counted when determining, the duration of extended leave under this section.

The period of extended leave to which an employee and his or her spouse or partner are entitled is not increased by the number of hours worked by the employee or his or her spouse or partner on a keeping-in-touch day in accordance with section 71CE(2) or 71DB(2).

This section is subject to the other provisions of this Act.

An employee may take 1 or more periods of extended leave (up to the maximum amount to which the employee is entitled) at any time within the period beginning with the applicable start date and ending with the applicable end date.

If an employee takes more than 1 period of extended leave within the period referred to in subsection (1), each such period of extended leave must be taken on dates agreed between the employee and the employer.

In this section,—

No employee is entitled to start or continue any period of extended leave under this Act after—

Subsection (1) is subject to subsection (4) and section 28.

Subsection (4) prevails over all other provisions of this Act.

The maximum combined period of extended leave provided by section 26(2) may be shared between an employee and that employee’s spouse or partner in any way set out in subsection (2), or in any other manner that is agreed on by the employee and the employee’s spouse or partner and their respective employers, provided that—

The ways in which the maximum combined period of extended leave may be shared between an employee and that employee’s spouse or partner are—

Subsection (2) is subject to subsection (1).

Subject to the provisions of this Act, if an employee takes a period of extended leave in accordance with section 28, the period of leave so taken may be taken—

The object of this Part is to—

This section applies to an employee who—

An employee to whom this section applies may make a request to his or her employer for negotiated carer leave.

The request must be made,—

A request for negotiated carer leave must be in writing and must—

An employer must deal with a request for negotiated carer leave as soon as possible, but not later than 1 month after receiving it, and—

An employer may refuse a request for negotiated carer leave only if the employer determines that the request cannot be accommodated on 1 or more of the grounds specified in subsection (2).

The grounds are—

An employee may not challenge his or her employer’s refusal of a request for negotiated carer leave.

An employee may challenge his or her employer’s failure to respond to a request for negotiated carer leave, or failure to respond adequately to a request, if the employee believes his or her employer has not complied with section 30D.

For the purposes of this Part, a Labour Inspector may provide to employees and employers such assistance as he or she considers appropriate in the circumstances.

This section applies subject to section 30H(2).

This section applies if an employee believes that his or her employer has not complied with section 30D.

The employee may refer the non-compliance with section 30D—

If, after completion of the process under subsection (2)(b), the employee is dissatisfied with the result, the employee may refer the matter to mediation.

For the purposes of subsection (3), non-compliance with section 30D is an employment relationship problem.

This section applies if—

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

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

In subsection (3), relevant date means,—

An employer who does not comply with section 30D is liable to a penalty not exceeding $2,000, imposed by the Employment Relations Authority.

The penalty is payable to the employee concerned.

An employee who wishes to take parental leave under this Act shall give written notice to the employee’s employer of the employee’s wish to take that leave.

The notice under subsection (1) shall state the proposed date on which the employee wishes to commence leave, and the duration of the leave.

If the employee wishes to take parental leave in respect of a child to be born to the employee or to the employee’s spouse or partner, the notice under subsection (1)—

Despite subsection (3), in the case of an employee who is a primary carer under section 7(1)(b)(iii), the notice under subsection (1) must be given within a reasonable period after the employee becomes the primary carer in respect of the child.

Where any notice is given in accordance with section 31 by an employee wishing to take any period of extended leave under this Act, that notice shall, in addition to the matters required by that section or by section 33,—

The kinds of leave referred to in subsection (1)(d) are—

If an employee, or his or her spouse or partner, intends to be the primary carer in respect of a child to whom the employee or the employee’s spouse or partner did not give birth, the notice required to be given under section 31(1) must—

Where any employee gives a written notice to the employee’s employer stating that the employee wishes to take parental leave under this Act and any of the provisions of sections 31 to 33 that apply in respect of any information or assurance to be stated or given in, or any document required to accompany, that notice are not complied with, that notice shall be an incomplete notice for the purposes of subsection (2) and sections 35(2) and 36(2).

Where an employee gives an incomplete notice within the meaning of subsection (1), the employer of that employee shall, within 7 days after the date on which it comes to that employer’s attention that the notice is an incomplete notice, give to the employee a written notice stating that the notice is an incomplete notice and specifying the additional information, documentation, or assurance that the employee is required by any provision of sections 31 to 33 to give to the employer.

An employee to whom a notice is given under subsection (2) shall, within 14 days after the date on which the employee receives the notice, give to the employer the additional information, documentation, or assurance specified in the notice and required by any provision of sections 31 to 33 to be given to the employer.

Subject to section 68, where an employee fails to give notice under section 31(1) within the time required by section 31(3) or section 33, that employee shall not be entitled to take extended leave under this Act unless—

Nothing in subsection (1) shall apply to an employee who gives an incomplete notice to that employee’s employer within the time required by section 31(3) or section 33.

Subject to subsection (2), every employer who receives a notice under section 31(1) shall, within 21 days after the receipt of the notice, give to the employee who gave that notice a written notice in the prescribed form—

Where an employer receives a notice that is an incomplete notice that employer shall, within 21 days after the date of the receipt by the employer of the additional information, documentation, or assurance specified in the notice given under section 34(2), give to the employee a notice complying with subsection (1) of this section.

In the case of an employee who is a primary carer under section 7(1)(b)(iii), the employer must give notice under subsections (1) and (2) within a reasonable period, but not later than within the period provided for in those subsections.

Where any employee receives a notice given under subsection (1) or under subsection (1) (as applied by subsection (2)) and the employee disputes any statement given in that notice, that employee may invoke any procedure set out in Part 7.

This section applies to an employee who—

The employee must give his or her employer not less than 21 days’ notice in writing of the day on which the employee wishes his or her primary carer leave to begin.

Within 21 days after the beginning of an employee’s parental leave, the employer of the employee shall give to the employee written notice stating—

Every employee who is on parental leave and whose position is being kept open by the employer, shall, not later than 21 days before the date on which the employee’s parental leave ends, give to the employer written notice stating whether or not the employee will be returning to work at the end of the employee’s parental leave.

Where an employee chooses,—

the employee shall give to the employer not less than 21 days’ notice in writing of the date on which the employee intends to return to work or begin the period of preference, as the case may be.

Subsection (1) does not apply if the employee’s employment agreement requires the employee to give a longer period of notice of resignation to the employer.