New Zealand employment laws provide protections and entitlements to expecting/new parents through maternity and parental leave policies. These laws are designed to support parents in balancing work and family life, while ensuring financial stability during this crucial period.
In this article, we’ll provide a detailed guide to maternity and parental leave rights, including eligibility, entitlements, employer obligations, and best practices for employees.
1. Understanding Maternity and Parental Leave
The law provides specific rights and protections for parents through the Parental Leave and Employment Protection Act 1987. These rights allow expectant and new parents to take time off work while maintaining job security.
The key types of leave available to parents include:
Maternity Leave – A period of unpaid leave available to pregnant employees.
Partner’s Leave – Paid or unpaid leave for partners or spouses of the birth mother.
Primary Carer Leave – Paid leave for the primary caregiver of the child.
Extended Parental Leave – Additional unpaid leave that can be shared between parents.
Negotiated Carer Leave – Available for employees who don’t meet the usual eligibility criteria but can negotiate with their employer.
Understanding these different types of leave will help you make informed decisions about planning for your parental leave.
2. Who is Eligible for Maternity and Parental Leave?
Not all employees automatically qualify for parental leave. Eligibility depends on the length of employment, and hours worked before the expected due date.
Eligibility for Primary Carer Leave
To qualify for Primary Carer Leave, you must have been:
Working for your employer for at least 6 months before the expected due date or the date you become the child’s primary carer.
Working an average of 10 hours per week during that time.
If you have worked for 12 months or more with the same employer, you are eligible for both Primary Carer Leave (26 weeks) and Extended Parental Leave (up to 52 weeks total).
Eligibility for Partner’s Leave
Partners (including spouses, de facto partners, and civil union partners) can also take Partner’s Leave if they have worked for the same employer for at least:
6 months before the expected birth or adoption (eligible for one week of unpaid leave).
12 months before the expected birth or adoption (eligible for two weeks of unpaid leave).
Partner’s Leave can be taken around the time of birth or adoption.
Eligibility for Extended Parental Leave
Extended Parental Leave is available to parents who have worked 12 months or more for the same employer before the expected birth or adoption. This allows the primary carer and their partner to share an additional 26 weeks of unpaid leave.
3. What are your Entitlements Under Parental Leave Laws?
Paid Parental Leave (PPL): The government provides Paid Parental Leave (PPL) to eligible employees for up to 26 weeks. This payment is made by Inland Revenue, and is based on your average weekly earnings.
Primary Carer Leave (26 Weeks): Primary Carer Leave is available for 26 weeks and must begin at least 6 weeks before the expected due date unless agreed otherwise. Employees receive PPL from the government, and the employer must hold the employee’s position open.
Extended Parental Leave (Additional 26 Weeks): Employees who have worked for at least 12 months for the same employer are entitled to an additional 26 weeks of unpaid leave, totaling up to 52 weeks.
Partner’s Leave: Partners can take one or two weeks of unpaid leave, to support their family around the time of birth or adoption.
Keeping in Touch (KIT) Days: Employees on parental leave can work for up to 64 hours (8 days) without losing their entitlements. These allow employees to stay connected to work, and ease their transition back.
4. Employer Responsibilities and Obligations
Employers must follow legal obligations to ensure compliance with parental leave laws. These obligations include:
Job Protection: Employers must keep an employee’s job open while they are on parental leave unless the role is genuinely redundant.
Fair Treatment: Employees taking parental leave must not be discriminated against or disadvantaged.
Providing Information: Employers must inform employees of their parental leave rights and entitlements.
Accepting Parental Leave Requests: Employers cannot deny eligible employees their parental leave entitlements.
If an employer does not comply with these obligations, the employee can raise a personal grievance within 90 days.
5. How to Apply for Parental Leave
Step 1: Notify Your Employer: Employees must give their employer at least 3 months’ written notice before the expected due date or adoption including
The expected date of birth/adoption.
The intended start date of parental leave.
The duration of leave requested.
Whether the partner is also taking parental leave.
Step 2: Apply for Paid Parental Leave (PPL): To receive PPL payments, employees must apply through Inland Revenue. The application process involves: Completing the PPL application form, providing proof of pregnancy or adoption, and submitting income details.
Step 3: Discuss a Return-to-Work Plan: Before returning to work, employees should discuss with their employer: Their return date, any flexible working arrangements, and using accrued annual leave if extra time off is needed.
Conclusion
New Zealand’s maternity and parental leave laws provide crucial protections and support for working parents. By understanding your rights and planning ahead, you can ensure a smooth transition into parenthood while maintaining job security.
Need some Support?
Our expert team will help you understand your employment rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required.
We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs.
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