Section 36 — Parental Leave and Employment Protection Act 1987: Obligation to notify employee

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 1 to 3 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 7 of this Act. Compare: 1980 No 162 s 15