The Parental Leave and Employment Protection Act 1987 provides paid and unpaid leave, and employment protection, for qualifying employees who are having a baby or adopting a child under the age of five.
The following information is an extract from the New Zealand at Work website. For more detailed information refer to the website: http://employment.govt.nz/er/holidaysandleave/parentalleave/index.asp
Female employees who are having a baby can apply for parental leave. If two spouses/partners assume the care of a child under six years that they intend to jointly adopt, they can nominate which of them is primarily eligible for parental leave.
You are eligible for parental leave if you have worked for the same employer for an average of at least 10 hours a week, and at least one hour in every week or 40 hours in every month, in the six or 12 months immediately before the baby’s expected due date or the date you have assumed the care of a child you intend to adopt.
You can take parental leave multiple times, as long as six months elapse between the date you returned to work and the expected date of birth of the subsequent child. You must also meet the eligibility requirements each time.
There are different entitlements available to employees depending on whether they meet the six or 12 month criteria. If you have worked for the same employer for more than 12 months but have an inconsistent work pattern and do not meet the average hours of work criteria over the twelve months, you should also calculate your entitlement over six months as you may still be eligible for parental leave under the six month criteria.
The primary entitlement for paid parental leave rests with the birth mother. Where you have assumed the care of a child you intend to jointly adopt, the primary carer can transfer some or all of the payment to their spouse/partner, if they are also eligible. If the adoption is by one person alone, only that person can apply for paid parental leave. The spouse/partner must also meet either the six month or 12 month eligibility criteria as described above, or meet the self-employed eligibility criteria.
Special rules for junior doctors
If you are a junior doctor working for a district health board (DHB) the following rules apply:
- If you are a junior doctor and you are required to rotate between different DHBs as part of your compulsory training, your length of service with each employing DHB will be added together for the purposes of determining whether you meet the six- or 12-month criteria for leave and payments. You will still need to meet the hours of work test.
What paid and unpaid leave is available and when does it start?
Parental leave includes the following types of unpaid leave (some of which can be shared with your spouse/partner if they are also eligible).
- Maternity leave of 16 continuous weeks may start up to six weeks before the expected date of birth or adoption. If you plan to take maternity leave, you must write to your employer at least three months before your expected date of birth. In certain cases maternity leave can start earlier.
- Special leave of up to 10 days can be taken by a mother before maternity leave for reasons connected with pregnancy (eg, antenatal checks).
- Partner’s/paternity leave (where the spouse/partner is an employee) of either one week (for a spouse/partner with six months eligible service), or two weeks (for a spouse/partner with 12 months eligible service). Partner’s/paternity leave can be extended in certain circumstances, if parental leave payments are transferred from a mother to an eligible spouse/partner. Partner’s/paternity leave is additional to the period of maternity and extended leave.Partner’s/paternity leave can be taken in the period between 21 days before the expected date of delivery (or date you assume the care of a child with a view to adoption) and 21 days after the actual date of birth or the date you have assumed the care of a child with a view to adoption. If you and your employer agree, you can start partner’s/paternity leave at any other time.
- Extended leave of up to 52 weeks is available for employees with 12 months eligible service. It can be up to 52 continuous weeks, less any maternity leave taken, and is available in the 12 months after birth, or date the employee assumes the care of a child they intend to adopt. Extended leave may be shared by both eligible parents, but the total leave taken must not be more than 52 weeks (including maternity leave and paid parental leave). However, the one or two weeks partner’s/paternity leave entitlement is additional to this 52 week period. Both spouses/partners can take their leave at the same time or they can take it one after the other.
- Paid parental leave is available to female employees who give birth to a child, or to either parent where a couple has assumed the care of a child under six they intend to jointly adopt. You may transfer all or part of your paid parental leave to your spouse/partner as long as they are also eligible.If you meet either the six- or 12-month eligibility criteria, you are entitled to paid parental leave for 16 weeks. To receive it, you must apply to your employer for parental leave, then apply to Inland Revenue for parental leave payments. This paid leave must be taken at the same time as any unpaid leave you take.The maximum level of payment is currently $516.85 per week before tax. You are entitled to either your gross weekly rate of pay (your pay before tax) or $516.85, whichever is lower.
The payment period begins when your parental leave begins—that is, when you start your maternity, partner’s/paternity, or extended leave.
How do I apply for parental leave and payments?
Applying for leave
You should apply in writing to your employer. This is important, as it makes it easier to enforce your rights if there is a disagreement. In most cases, you need to give your employer a letter at least three months before the baby is due. You do not need to give three months’ notice when your employer agrees to let you give less notice, or if you are assuming the care of a child with a view to adoption, which has different notice requirements.
What is my employer required to do?
After the employer receives your application for parental leave, they have seven days in which to ask for any required information which you may not have previously given them. This seven-day period starts from the date on which it comes to the employer’s attention that the application is incomplete. You must provide this information within 14 days.
Once they have received all the information, your employer must reply to the application within 21 days. The reply should state:
- whether you are entitled to take parental leave, and if not, the reasons why not
- the main legal rights and obligations you have, particularly those relating to when you can start your leave
- whether or not the job can be kept open. If it can’t, the letter should explain that you are able to dispute that, and will have preference for similar jobs for six months after the end of your parental leave.
Applying for payments
Applications for parental leave payments are processed by Inland Revenue (IRD). Once you have agreed on your leave arrangements with your employer, you should make an application for parental leave payments as soon as possible. You need to make a special application if any of the paid leave will be transferred to your spouse/ partner (if they are eligible).
Download the application forms or request the forms from MBIE during business hours on 0800 20 90 20.