Section 31 — Parental Leave and Employment Protection Act 1987: Obligation to notify employer

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 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 or partner shall be accompanied by— (i) A certificate or a copy of a certificate from a 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 or partner and that the employee intends to assume care of the child to be born to her. Compare: 1980, No 162, s 14(1), (3) Subsection (3) was amended, as from 1 July 2002, by section 10 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7), by inserting the words “ or a midwife ” after the words “ certificate from a registered medical practitioner ” in both places where they appear. Subsection (3)(b) was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7), by substituting the words “ a pregnant employee ” for the words “ a female employee ” . Subsection (3)(b) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “ registered ” . See sections 178 to 227 of that Act as to the transitional provisions. Subsection (3)(c) was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7), by substituting the words “ the pregnant woman's spouse ” for the words “ a male employee ” . Subsection (3)(c) was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7), by substituting the words “ the employee ” for the words “ the male employee ” in both places where they occur. Subsection (3)(c) was amended, as from 26 April 2005, by section 8 Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18) by inserting the words “ or partner ” after the word “ spouse ” in both places where it appears. Subsection (3)(c)(i) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “ registered ” . See sections 178 to 227 of that Act as to the transitional provisions.