Parental Leave and Employment Protection Regulations 2016

Schedule 2 Forms

Form 1 Declaration as to assumption of responsibility for care of child by primary carer

rr 6, 10

This form must accompany an application for parental leave, or for a parental leave payment, by a primary carer who is not the biological mother or her spouse or partner, if that person does not have—

(a)

a court order that has the effect of placing the child in his or her day-to-day care or custody; or

(b)

a letter from the chief executive of the Ministry of Social Development, or an organisation approved under section 396 of the Oranga Tamariki Act 1989, confirming the date on which the person became or will become the primary carer in respect of the child.

Declaration

I, [name] of [address, occupation], solemnly and sincerely declare that I have/will have* permanent primary responsibility for the care, development, and upbringing of the following child:

Child’s full name: [name]

Child’s date of birth: [date]

The child came/will come into my care on [date].

I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

Declared at [place, date]

(Justice of the Peace/other person authorised to take a statutory declaration*)

*Select one.

Schedule 2 form 1: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Form 2 Notice about entitlement to parental leave

r 7

Section 36, Parental Leave and Employment Protection Act 1987

This form is to be given to an employee within 21 days after the employer receives notice that the employee wishes to take parental leave.

To [name and postal address of employee]

1

Your notice stating that you wish to take parental leave is acknowledged.

2

For this paragraph select the statement that applies.

You are entitled to take parental leave commencing on [date] and ending on [date].

or

You are not entitled to take parental leave because, at the expected date of delivery of the child/at the date on which you will assume responsibility for the care of the child*, you will not have been employed for at least an average of 10 hours a week over the immediately preceding 6 months or 12 months.

*Select one.

or

You are not entitled to take parental leave because [state reasons why employee is not entitled to take parental leave].

3

Select this paragraph if the employee is entitled to take parental leave.

Your employment can/cannot* be kept open until the end of your parental leave.

*Select one.
4

If the employment cannot be kept open, select the statement that applies; otherwise, omit this paragraph.

Your employment cannot be kept open because of the occurrence of a redundancy situation.

or

Your employment cannot be kept open because your period of leave exceeds 4 weeks and a temporary replacement is not reasonably practicable due to your position being a key position.

5

Omit this paragraph if it does not apply.

You will, for the period of 26 weeks beginning with the day after the date on which your parental leave ends, be given preference over other applicants for any position that is vacant and that is substantially similar to the position held by you at the beginning of your parental leave.

6

Omit this paragraph if it does not apply.

You may, by making a parental leave complaint under section 56 of the Parental Leave and Employment Protection Act 1987, dispute my statement that you are not entitled to take parental leave or that your position cannot be kept open. If you wish to make a complaint, do not delay, because the time for making such a complaint is limited. Your union representative, your solicitor, or the Ministry of Business, Innovation, and Employment will advise you.

Date:

Signature of employer:

Information about parental leave under the Parental Leave and Employment Protection Act 1987

1

Employees are eligible for—

(a)

up to 52 weeks’ parental leave from their employment with an employer if, on the relevant date, they will have worked for the same employer for at least 12 months for at least an average of 10 hours a week; or

(b)

up to 26 weeks’ parental leave from their employment with an employer if, on the relevant date, they will have worked for the same employer for the immediately preceding 6 months for at least an average of 10 hours a week.

The relevant date is the expected date of delivery of the child or the date on which the employee first becomes the primary carer in respect of the child.

2

In most cases, the employer must keep the employee’s job open until the employee’s parental leave ends. The main exceptions to this are if the employer proves that there is a redundancy situation and, in the case of parental leave of more than 4 weeks, if the employer proves that the employee’s position cannot be kept open because a temporary replacement is not reasonably practicable due to the employee’s key position. Whether an employee’s position is a key position depends on the circumstances of each case, including the size of the employer’s enterprise and the training period or skills required for the job. Your union representative, your solicitor, or the Ministry of Business, Innovation, and Employment will be able to advise you further.

Entitlements for employees with 12 months’ service
3

Primary carer leave, partner’s leave, and extended leave are available to employees who have worked for the same employer for at least an average of 10 hours a week over the immediately preceding 12 months. Primary carer leave and extended leave amount to 52 weeks, which may be shared by the spouses or partners in the child’s first year. The period of 52 weeks may be exceeded as follows:

(a)

a biological mother may start her primary carer leave early if directed to do so by her lead maternity carer or by her employer:

(b)

the biological mother’s spouse or partner may take up to 2 weeks of partner’s leave.

Primary carer leave must be taken in 1 continuous period not exceeding 22 weeks.

Entitlements for employees with 6 months’ service
4

Primary carer leave, partner’s leave, and extended leave are available to employees who have worked for the same employer for at least an average of 10 hours a week over the immediately preceding 6 months. Primary carer leave and extended leave amount to 26 weeks, which may be shared by the spouses or partners in the child’s first year. The period of 26 weeks may be exceeded as follows:

(a)

a biological mother may start her primary carer leave early if directed to do so by her lead maternity carer or by her employer:

(b)

the biological mother’s spouse or partner may take up to 1 week of partner’s leave.

Primary carer leave must be taken in 1 continuous period not exceeding 22 weeks.

Commencement of primary carer leave
5

Primary carer leave for all employees (whether they qualify on the basis of 6 or 12 months’ service) may begin—

(a)

up to 6 weeks before the expected date of delivery (in the case of a child born to the employee) if the biological mother gives to her employer not less than 21 days’ notice in writing of that date; or

(b)

if paragraph (a) does not apply, no earlier than the date on which the employee first becomes the primary carer in respect of the child; or

(c)

on any date before the date of confinement that is agreed between the primary carer and his or her employer; or

(d)

on a date specified by the biological mother’s lead maternity carer if—

(i)

the biological mother is pregnant; and

(ii)

the lead maternity carer certifies that, in his or her opinion, the biological mother should begin her maternity leave on that date; and

(iii)

the biological mother gives the certificate to her employer; or

(e)

on a date appointed by the biological mother’s employer if—

(i)

the biological mother is pregnant; and

(ii)

the biological mother is unable, by reason of her pregnancy, to perform her work safely, or is incapable of performing her work adequately; and

(iii)

there is no other suitable work available.

A woman 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.

If, by reason of pregnancy, a woman is unable to perform her work safely, or is incapable of performing her work adequately, her employer may temporarily transfer her to another job.

Schedule 2 form 2 note 3: amended, on 1 July 2018, by section 15 of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).

Schedule 2 form 2 note 4: amended, on 1 July 2018, by section 15 of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).

Form 3 Declaration relating to parental leave payment threshold test

rr 11, 12

This form must accompany an application for a parental leave payment by, or an application to transfer a parental leave payment to, a person who—

(a)

is self-employed and does not have a chartered accountant or tax advisor; or

(b)

qualifies for a parental leave payment by meeting the parental leave payment threshold test based on work for more than 1 employer, or relies on income from more than 1 employer for the purpose of establishing the amount of the parental leave payment.

Declaration

I, [name] of [address, occupation], solemnly and sincerely declare that—

1

For this paragraph select the statement that applies.

(a)

I was/am* an employee.

*Select one.
(b)

I was/am* self-employed because—

*Select one.

Select the statement(s) that apply.

(i)

I provide goods or services for hire or reward under a contract for services:

(ii)

I carry on a business (including a profession, a trade, manufacturing, or an undertaking carried on for pecuniary profit), including in partnership with another person:

(iii)

I work for a trust in a business (as defined in paragraph (ii)) carried on by the trust.

2

I have worked/will have worked* as an employee/a self-employed person* for at least an average of 10 hours per week over any 26 of the 52 weeks immediately preceding—

*Select one.

Select the statement that applies

the expected date of delivery of my child/children*.

or

the first date on which I/my spouse or partner* became/will become* the primary carer in respect of the child/children*.

*Select one.
3

To the best of my knowledge, the income I have provided in my application is correct.

I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

Declared at [place, date]

(Justice of the Peace/other person authorised to take a statutory declaration*)

*Select one.

Form 4 Statement and declaration to be made by chartered accountant or tax advisor in respect of self-employed persons

r 12

This form must accompany the following applications:

(a)

an application for a parental leave payment, if the person applying is self-employed and has a chartered accountant or a tax advisor:

(b)

an application for the transfer of a parental leave payment, if the person to whom all or part of the entitlement to a parental leave payment is to be transferred is self-employed.

Information to be provided in respect of self-employed person

[Name of self-employed person] of [address, occupation]—

(a)

is self-employed because he or she is working, other than as an employee, doing 1 or more of the following:

(i)

providing goods or services for hire or reward under a contract for services:

(ii)

carrying on a business (including a profession, a trade, manufacturing, or an undertaking carried on for pecuniary profit), including in partnership with another person:

(iii)

working for a trust in a business (as defined in paragraph (ii)) carried on by the trust; and

(b)

has worked at least an average of 10 hours per week over any 26 of the 52 weeks immediately preceding the expected date of delivery of his or her child (or children)/the date on which he or she will become the primary carer in respect of the child (or children)*; and

*Select one.
(c)

his or her average weekly income from work in the 6 months/12 months* immediately preceding the expected date of delivery of his or her child (or children)/the date on which he or she became/will become* the primary carer in respect of the child (or children)*, as set out in his or her application, is correct.

*Select one.
Declaration by chartered accountant/tax advisor*

I, [name], am a chartered accountant/tax advisor* for the person named above and I declare that I have nothing in my knowledge or possession to suggest that the information provided in this statement is incorrect.

*Select one.

Date:

Name:

Signature:

(chartered accountant/tax advisor*)

*Select one.
Note

This statement and declaration must be completed by a person who is—

(a)

a chartered accountant; or

(b)

a tax advisor as defined in section 20B(4) of the Tax Administration Act 1994.

Form 5 Demand notice

r 18

Section 70B(1), Parental Leave and Employment Protection Act 1987

To [name and address of employer]

  • 1

    This demand notice is being served on you in your capacity as the employer/former employer* of [full name of employee] (the employee).

    *Select one.
  • 2

    For this paragraph select the statement that applies.

  • I have received from the employee a complaint that you have denied the employee’s entitlement to take parental leave under the Parental Leave and Employment Protection Act 1987.

  • or

  • I believe on reasonable grounds that you have denied the employee’s entitlement to parental leave under the Parental Leave and Employment Protection Act 1987.

  • 3

    The parental leave claimed is [specify type of parental leave claimed], being [specify details of the period of leave].

  • 4

    I have given you not less than 7 days to comment on the complaint/the grounds for my belief*.

    *Select one.
  • 5

    I am satisfied, after having considered any comments made by you, that the employee is entitled to take the parental leave.

  • 6

    I am satisfied that you are not prepared to acknowledge the employee’s entitlement to take parental leave in a reasonable manner or within a reasonable time.

Demand
  • 7

    I demand by this notice that you acknowledge the employee’s entitlement to take parental leave and allow the employee to take parental leave.

Objection
  • 8

    Both your right to lodge an objection to this demand notice and the consequences of this notice are specified in the additional information for the employer that is supplied with this notice.

Date:

Name:

Signature:

(Labour Inspector)

This demand notice is made by [full name], Labour Inspector, whose address for service is [address] and whose telephone number is [number] and whose fax number for service is [number] and whose document exchange number for service is [number] and whose email address for service is [address].

Additional information for employer

1 Your right to lodge objection

You may lodge with the Employment Relations Authority, within 28 days after this demand notice is served on you, an objection to this demand notice.

2 Consequences of this demand notice

This demand notice has the consequences specified in paragraphs 3 to 5—

(a)

if no objection is lodged before the close of the period of 28 days specified in paragraph 1; or

(b)

if any objection lodged before the close of that period is withdrawn (whether before or after the close of that period).

3 Imposition of legal requirement
  • This demand notice imposes a legal requirement on you to comply with it.

4 Evidence of leave entitlement
  • This demand notice is prima facie evidence before the Employment Court or the Employment Relations Authority that the employee has the entitlement to take parental leave.

5 Enforcement by compliance order
  • This demand notice may be enforced by the making by the Employment Relations Authority of a compliance order under section 137 of the Employment Relations Act 2000.

Michael Webster,
Clerk of the Executive Council.