Parental Leave and Employment Protection Act 1987
Part 4 Requirements Concerning Notice

Section 31 Obligation to notify employer

(1) 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.

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

(3) Except where the employee is proposing to adopt a child, the notice under subsection (1) of this section

(a) Shall be given at least 3 months before the expected date of delivery; and

(b) If given by [a pregnant employee], shall be accompanied by a certificate from a registered medical practitioner [or a midwife]

(i) Certifying that the female employee is pregnant; and

(ii) Stating the expected date of delivery; or

(c) If given by [the pregnant woman's spouse] shall be accompanied by

(i) A certificate or a copy of a certificate from a registered medical practitioner [or a midwife] certifying that the woman named in the certificate is pregnant and stating the expected date of delivery; and

(ii) A written assurance from the woman named in the medical certificate that [the employee] is her spouse and that [the employee] intends to assume care of the child to be born to her.

Section 32 Requirements where extended leave sought

Where any notice is given in accordance with section 31 of this Act 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 of this Act,

(a) State whether the employee's spouse is proposing to take any period of extended leave or maternity leave under this Act:

(b) State the name of the employee's spouse and the name and address of the employer of the employee's spouse:

(c) State the proposed dates of commencement and expiry of each period of leave proposed to be taken in respect of the child by

(i) The employee; and

(ii) The employee's spouse,

under this Act or under any provision contained in any Act other than this Act or in any . . . [employment agreement]:

(d) Contain an assurance by the employee that the aggregate periods of

(i) All maternity leave (other than maternity leave in excess of 14 weeks taken under section 9(2) of this Act) and extended leave under this Act; and

(ii) All leave (other than [partner's/paternity leave]) to which the employee or the employee's spouse is entitled by or under any Act other than this Act or under any . . . [employment agreement],

that are proposed to be taken in respect of the child by the employee and the employee's spouse will not exceed 52 weeks.

Section 33 Requirements where child to be adopted

Where the employee is proposing to adopt a child, the notice required to be given by section 31(1) of this Act shall,

(a) Where the placing of the child in the home of the employee has been approved by a Social Worker under section 6(1)(a) of the Adoption Act 1955,

(i) Be given within 14 days after the date on which the employee receives notice that a child will be placed with the employee within the next 3 months with a view to adoption by the employee, or by the employee and the employee's spouse jointly; and

(ii) Be accompanied by a letter from a Social Worker (as defined in section 2 of the Adoption Act 1955) stating that the employee is keeping or will be keeping a child in the employee's home with a view to adoption:

(b) Where a Court has made an interim order under section 6(1)(b) of the Adoption Act 1955,

(i) Be given within 14 days after the date on which the order is made; and

(ii) Be accompanied by a certified copy of the order:

(c) Where the child is otherwise lawfully in the employee's home under section 6(4) of the Adoption Act 1955,

(i) Be given within 14 days after the date on which the employee makes a statutory declaration to the effect that the employee has assumed the care of the child with a view to adoption by the employee, or by the employee and the employee's spouse jointly; and

(ii) Be accompanied by a copy of the declaration.

Section 34 Incomplete notification

(1) 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 of this Act 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) of this section and sections 35(2) and 36(2) of this Act.

(2) Where an employee gives an incomplete notice within the meaning of subsection (1) of this section, 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 of this Act to give to the employer.

(3) An employee to whom a notice is given under subsection (2) of this section 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 of this Act to be given to the employer.

Section 35 Failure to notify employer

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

(a) That employee gives a written notice under section 31(1) of this Act to his or her employer and a period of 3 months beginning with the date of the giving of that notice has expired; or

(b) The employer of that employee agrees that the employee may take extended leave under this Act.

(2) Nothing in subsection (1) of this section 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 of this Act.

Section 36 Obligation to notify employee

(1) Subject to subsection (2) of this section, every employer who receives a notice under section 31(1) of this Act 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

(a) Stating whether the employee is entitled to take parental leave; and

(b) Where an employer states that the employee is not entitled to take parental leave, stating the reasons why the employee is not so entitled; and

(c) Stating that, until the end of the employee's parental leave, the employee's position in the employment of the employer

(i) Can be kept open; or

(ii) Cannot be kept open; and

(d) Where the employer states that the employee's position cannot be kept open, informing the employee

(i) That the employee may dispute the employer's statement that the employee's position cannot be kept open; and

(ii) That the employer will, for the period of 26 weeks beginning with the day after the date on which the parental leave ends, give the employee preference over other applicants for any position which is vacant and which is substantially similar to the position held by the employee at the beginning of the parental leave; and

(e) Informing the employee of the substance of Parts I to III and of section 45 of this Act, and, in particular, of the employee's rights and obligations under sections 11, 21, and 29 of this Act.

(2) 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) of this Act, give to the employee a notice complying with subsection (1) of this section.

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

Section 37 Requirement where female employee wishes to commence maternity leave early

A female employee,

(a) Who has given a notice that she wishes to take parental leave under this Act; and

(b) Who intends to exercise the option conferred by section 11 of this Act by beginning her maternity leave early,

shall give to her employer not less than 21 days' notice in writing of the day on which she wishes her maternity leave to begin.

Section 38 Employer's notice in relation to return to work and preference for appointment

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

(a) The date on which the employee's parental leave will end; and

(b) Either

(i) Where the employer is able to keep the employee's position open until the end of the employee's parental leave, the date on which, if the employee decides to return to work at the end of the parental leave, the employee will be required to return to work, being the date of the next working day after the date on which the employee's parental leave ends; or

(ii) In any other case, the period of 26 weeks during which the employer will give the employee preference over other applicants for any position which is vacant and which is substantially similar to the position held by the employee at the beginning of the employee's parental leave; and

(c) Where paragraph (b)(i) of this section applies, the employee's obligations under section 39 of this Act; and

(d) The employee's rights under section 45 of this Act.

Section 39 Employee's notice in relation to return to work

(1) 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.

(2) Where an employee chooses,

(a) Pursuant to section 45(1)(f) of this Act, to return to work before the date on which the employee is required to return to work at the end of the parental leave; or

(b) Pursuant to section 45(1)(g) of this Act, to end any period of parental leave and begin the period of preference before the date on which the period of preference would otherwise begin,

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.

Section 39A Succession to employee's entitlements

(1) A spouse of an employee may succeed to the employee's rights to parental leave and to a parental leave payment under this Act if, at any time after the employee gives notice to his or her employer of a wish to take parental leave,

(a) the employee dies; or

(b) the spouse becomes the sole guardian of the child, to the exclusion of the employee.

(2) However, the spouse may succeed only if

(a) the spouse meets the criteria for parental leave under any of sections 7(b), 8(1)(b), 17(c), 18(1)(b), 23(b), or 24(1)(b); and

(b) the spouse gives reasonable notice to his or her employer, and to the department (if the employee had applied for a parental leave payment under Part 7A), of his or her wish to succeed under this section.

(3) The spouse succeeds under this section on the later of

(a) the date of the employee's death or the date when the spouse becomes sole guardian, as the case may be; or

(b) the date on which the employee's bereavement leave expires (if any).

(4) The first payment of parental leave payment to the spouse includes an amount for the period from the date of succession if the notice to the department is received on or after that date.

(5) A succession under this section is treated, for the purpose of Part 7A, as if it were a transfer under section 71E, and that Part applies with necessary modifications.

End of Part 4