Know your rights: Parental leave
The arrival of a new addition to the family is often an incredibly exciting and special time. For many, this also means taking time off work to adjust to life with their new baby— and enjoying the precious moments (and likely, the sleepless nights) that come with having a newborn.
With so much else on your plate, figuring out how to navigate parental leave can feel like just another thing on your to-do list. That’s why understanding your parental leave entitlements under the law, even before you consider starting a family, can ensure you are prepared and well supported during this important period.
Here’s what you should know about your rights and responsibilities as an employee.
Types of parental leave
It’s helpful to understand that parental leave and parental leave payments are two separate entitlements, each with their own requirements and processes. Parental leave refers to the time off work to care for your new baby or child, and this is something you arrange directly with your employer.
In New Zealand, there are four main types of parental leave available to eligible employees. Each has different eligibility requirements and durations.
- Primary carer leave: This is for the person taking the main responsibility for a child's care (this can be the birth parent, surrogate, spouse or partner of the birth parent, adopted parent, or a permanent caregiver under agreement with Oranga Tamariki). You’re eligible if you’ve worked at the same employer for 10 hours per week, on average, in the past six months. This gives you 26 continuous weeks off work.
- Partner's leave: This is for someone married to, in a civil union with, or in a de-facto relationship with the primary carer – you don’t have to be the biological parent. Partner’s leave ranges from 1-2 weeks, depending on how long you’ve worked for your employer.
- Extended leave: Primary carers may be able to take up to an additional 26 weeks of extended leave on top of your Primary Carer Leave, depending on how long you’ve worked for your company. This additional leave can be shared with an eligible spouse or partner, and this doesn’t have to be taken all at once.
- Negotiated carer’s leave: If you’re not eligible for primary carer leave but are going to be a primary carer and are eligible for Parental Leave Payments, you can ask for negotiated leave.
Pregnancy leave is also available and allows pregnant employees to take up to 10 unpaid days off work for pregnancy-related matters like medical appointments and antenatal classes.
Paid leave options
No matter your family set-up, there are ways to unlock paid leave following the arrival of a new child. While parental leave is organised by your employer, parental leave payments are financial support provided by the government and paid through Inland Revenue (IR). If you're eligible for these payments, you'll need to apply to IR separately.
Parents can also take a combination of the various paid leave options available to them (such as annual leave, alternative days, special leave, time off in lieu), so its worth doing research related to your specific circumstances and talking to your employer to find out what’s possible.
Paid leave can include:
- Employer parental leave: While there's no legal requirement for employers to offer paid parental leave, many do. This could be for the primary or secondary caregiver, and often has conditions attached, such as how long you've worked there. Check your contract, internal policies and reach out to HR for more information.
- Parental Leave Payments: If you've worked an average of 10 hours a week, for any 26 weeks out of the 52 weeks before your due date (or becoming a Primary Carer), you'll be entitled to government Parental Leave Payments. You can apply for this through Inland Revenue (IRD). And there's no requirement to work for the same employer, or to work continuously.
- Annual leave: Either parent can take annual leave as part of their eligible time off work.
- Other leave entitlements: If you have any other leave entitlements, like long service or sick leave, you may be able to take these during your time off.
Returning to work
By law, your employer must keep your position open while you're on parental leave, unless your parental leave will be longer than 4 weeks and you're in a key role that cannot be filled short-term.
If your job can’t be kept open because it's a key position, you're entitled to a "period of preference" - which means that if a similar job that comes up within 26 weeks of your leave ending, the role must be offered to you first.
While you're on government-funded parental leave, you may also choose to work up to 64 ‘keeping in touch’ (KIT) hours during the 26-week Parental Leave period, without affecting your entitlement to Parental Leave Payments. This allows you to stay connected with your workplace and attend meetings to help you ease back into your role. Just make sure not to work during the first 28 days after your baby is born, as this may be considered an official return to work, ending your parental leave entitlements.
You can also request flexible working arrangements when you come back. But while your employer has to consider your request, they don’t always have to say yes. Employers must also have breastfeeding facilities available for you to use upon your return.
Tips for managing parental leave conversations
If you’re planning for parental leave, here’s what to keep in mind to ensure a smooth transition for both you and your employer:
1. Put your request in writing
Telling your manager you’re going on parental leave is a great start—but you’ll also need to make it official. That means putting it in writing to HR and providing a certificate from a medical practitioner or a midwife. “A lot of employees actually miss this step. They’ll often chat with their manager, who says it’s fine, but the employee forgets to formally submit the request,” says Jeanine Badenhorst from Empower Law.
The written request should let HR know of you or your partner’s pregnancy (or adoption), your plan to take leave, and from which dates.
2. Go above the minimum requirements, where possible
While you’re only legally required to notify your employer 3 months before you plan to take leave, Badenhorst says, but you can let your employer know sooner to help them plan ahead, if you are comfortable doing this.
Similarly, let your employer know as soon as possible if anything changes around the timing or duration of your leave.
3. Share your expectations
People have different preferences for how they stay in touch with their employer while on parental leave. You might want to hear regular updates about what’s going on to stay in the loop or prefer to leave that for when you’re back at work.
It’s best to let your employer know what your expectations are upfront, as well as if this changes during your time off.
4. Consider flexibility when returning to work
Thinking about going part-time or adjusting your hours when you return? Have a chat with your employer early and put your request in writing. This can help set clear expectations and avoid any confusion, especially if your manager or team changes while you’re away.
While employers have an obligation to consider flexible working applications, sometimes these might not be possible due to the role’s structure or the business’s needs. Think about where you could adjust to make it work for everyone.
Parental leave is an exciting time to spend bonding with and caring for your new member of the family. Following the right processes, plus clear communication, will make it easier to manage this time, so you can focus on what matters most.
For more information on parental leave entitlements, visit Employment NZ. Inland Revenue has more information on paid parental leave and how to apply.
Information provided in this article is general only and it does not constitute legal advice and should not be relied upon as such. SEEK provides no warranty as to its accuracy, reliability or completeness. Before taking any course of action related to this article you should make your own inquiries and seek independent advice (including the appropriate legal advice) on whether it is suitable for your circumstances.
