Having a child can be a stressful time. When working parents know they’ve an employer who understands and will fulfill their obligations, it can really help.
Knowing what rules apply to parental leave will also help you to prepare your resources for when it does happen.
If an employee or their partner is having a baby or taking permanent responsibility for the care of a child under six, they might be entitled to parental leave.
Employees who’ve worked for you for at least an average of 10 hours a week for 12 months or more just before the expected birth of the child, or the date they’ll assume responsibility for care of the child, are entitled to:
Employees who’ve worked for you for at least an average 10 hours a week for six months or more just before the expected birth of the child, or date they’ll assume responsibility for care of the child, are entitled to:
Employees who don’t meet the criteria for parental leave, eg they’ve worked for you for less than six months or haven’t done an average of 10 hours a week, are not entitled to any parental leave. But if they meet the parental leave payment threshold test and will be the primary carer of the child, they might apply for negotiated carer leave so they can receive parental leave payments.
You don’t have to agree, but you must reply as soon as possible and within one month. If you say no, you must notify them of what grounds you refused them and why those grounds apply.
Parental leave can be taken by one parent or split between them, as long as they’re both eligible. Primary carer leave can start up to six weeks before the expected date of the child's arrival— or earlier if:
Pregnant employees can also take 10 days of unpaid special leave for things like doctor’s appointments and antenatal classes, before taking primary carer leave.
Fathers or partners are entitled to:
They can take this leave between 21 days before the expected birth, or the date their partner intends to become the primary carer, and 21 days after, unless you agree otherwise. This leave is in addition to any other parental leave they’re sharing with their partner.
Law changes mean that those qualifying for parental leave are allowed to work up to 40 hours for their employer while on paid or unpaid leave. Both employer and employee must agree to this.
Your employee needs to let you know at least 21 days before the end of their leave whether or not they’re going to return to work.
If an employee isn’t sure about coming back to work, you could:
You can’t decline parental leave requests, but you can decline to hold a key position open if:
When an employee applies for parental leave, you must:
Once you know how long they intend to be gone, you can consider how you’ll fill their position. You can hire someone on a fixed-term agreement to cover for parental leave, or you might want to hire a contractor.
Employer responsibilities on parental leave (external link) - Employment New Zealand