Parent's Leave and Benefit Act 2019

Postponement of parent’s leave by employer

13. (1) Subject to this section, where an employee has given notification of his or her intention to take parent’s leave and his or her employer is satisfied that the taking of the parent’s leave at the time specified in the notification would have a substantial adverse effect on the operation of his or her business, profession or occupation by reason of—

(a) seasonal variations in the volume of work concerned,

(b) the unavailability of a person to carry out the duties of the employee in the employment during the period of the leave,

(c) the nature of the duties referred to in paragraph (b),

(d) the number of employees in the employment or the number thereof whose periods, or parts of whose periods, of parent’s leave will fall within the period specified in the said notification, or

(e) any other relevant matters,

the employer may, by notice in writing given to the employee not later than 4 weeks before the intended commencement of the leave, postpone the commencement of the leave to such time, not later than 12 weeks after the date of commencement specified in the relevant notification, as may be agreed upon by the employer and the employee.

(2) Before giving a notice under subsection (1) to an employee, an employer shall consult with the employee in relation to the proposed postponement of parent’s leave.

(3) A notice under subsection (1) shall contain a statement in summary form of the grounds for the postponement of the commencement of the parent’s leave concerned.

(4) The commencement of a period of parent’s leave may not be postponed more than once under this section.

(5) An employer shall retain a copy of a notice under subsection (1) given by him or her to an employee of his or hers and the employer shall retain the notice.