Maternity Leave!
- maryline627
- 3 days ago
- 5 min read
Navigating parental leave in New Zealand, officially known as Primary Carer Leave under the Parental Leave and Employment Protection Act 1987 can feel like learning a whole new language right when you are already dealing with baby brain, and endless sleep advice.
Whether you are planning your leave or managing team members who are, here is a breakdown of how the rules work in NZ, what rights are protected, and why communication makes all the difference.
1. What Are the Rules in New Zealand?
In New Zealand, the government provides Paid Parental Leave (PPL) funded via Inland Revenue (IRD), while your job security and duration of leave are governed by employment law.
The Eligibility Thresholds
Your leave duration depends on how long you have worked for your current employer before the baby's due date (or the date you assume care for a child under six, including through adoption or whāngai):
The 6-Month Threshold: If you’ve worked for the same employer for an average of at least 10 hours a week for 6 months, you are entitled to 26 weeks of Primary Carer Leave.
The 12-Month Threshold: If you’ve worked for the same employer for an average of at least 10 hours a week for 12 months, you qualify for 26 weeks of Primary Carer Leave PLUS up to 26 additional weeks of Extended Unpaid Leave, giving you up to 52 weeks (1 full year) off in total.
Government Paid Parental Leave (PPL): Eligible primary carers receive 26 weeks of government-funded PPL payments. (Note: PPL eligibility has its own "work test" across any 26 of the 52 weeks before the due date, meaning you may still qualify for government payments even if you don't meet your employer's continuous service test).
2. Why You Should Request the Maximum Time Off Upfront?
If you are on the fence about whether to take 6 months or a full 12 months off, it is almost always better to apply for the maximum amount of time upfront.
[ Apply for Maximum Leave (e.g., 12 Months) ]
│
┌────────────────┴────────────────┐
▼ ▼
Want to Return Early? Want to Extend Later?
📝 Request early return ⚠️ No legal entitlement
🤝 Subject to agreement ❌ Employer can refuse
📅 21 days' notice required (Temp cover locked in)
Why Extension Can Be Difficult
Under NZ employment law, you do not have an automatic right to extend your leave once your agreed upon return date has been finalised.
Being Fair to Your Employer
When you go on leave, your employer usually makes significant business decisions to cover your workload. They might hire a fixed term replacement, reallocate responsibilities, or budget for temp cover.
If you ask to extend late: The fixed term contract covering your role may be expiring, meaning your employer would be left without cover.
If you want to come back early: You have the legal right to request an early return by giving at least 21 days' written notice. While employers cannot unreasonably withhold agreement, they can decline if they cannot reasonably accommodate your early return (for instance, if they have signed a binding fixed-term contract with your replacement that cannot be terminated early).
The Golden Rule: Request the full period you might want. It is much easier to negotiate coming back a month or two early than it is to ask for extra time off when a temp contract is already locked in.
3. Pregnancy Discrimination and Restructuring on Leave
The law is clear: pregnancy and taking parental leave are protected status characteristics under the Human Rights Act 1993 and the Employment Relations Act 2000.
Employers must tread with extreme care. Firing someone, treating them unfairly, or side lining them because they are pregnant or taking leave constitutes unlawful discrimination and can lead to a Personal Grievance (PG).
What About Restructures and Redundancies?
A common misconception is that being on maternity leave makes you completely immune to redundancy. It does not but the legal bar for employers is exceptionally high.
Under the Parental Leave and Employment Protection Act 1987, there is a strong legal presumption that an employee's job must be kept open while they are on parental leave.
┌────────────────────────────────────────────────────────┐
│ Role Presumed Open & Protected │
└───────────────────────────┬────────────────────────────┘
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Restructure proposed?
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┌─────────────────────┴─────────────────────┐
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Genuine Business Reason? Alternative Role?
Must be structural/financial, Must offer suitable
NOT performance or leave related vacant role if available
An employer can only make a role redundant during parental leave if:
A genuine business case exists: The redundancy is purely about the role (e.g., severe financial downturn, total closure of a department), never the person or the fact that they took leave.
The reason arose after leave was approved: If the employer knew a restructure was coming before leave started, different "period of preference" rules apply.
No alternative role exists: There is no other suitable vacant position in the business that the employee could be redeployed into.
Full & Fair Consultation occurred: The employer must still consult with the employee while they are on leave. Sending a redundancy letter without full consultation is a breach of good faith.
Frequently Asked Questions
Can I do any work while I am on primary carer leave?
Yes! You can use "Keeping in Touch" (KIT) hours. You can work up to 64 hours during your paid parental leave period with your employer's agreement without losing your IRD payments or affecting your leave. The only rule is you cannot work KIT hours within the first 28 days after the baby is born.
What happens to my Annual Leave while I am on parental leave?
You continue to accrue annual leave while on parental leave! However, under the Holidays Act 2003, any annual leave accrued during your period of parental leave (and taken within 12 months of returning) is paid out using your Average Weekly Earnings (AWE) over the preceding 52 weeks which will likely be lower because of your unpaid time off.
Does my partner get any time off?
Yes. If your partner meets the 6-month work test, they qualify for 1 week of unpaid Partner’s Leave. If they meet the 12 month work test, they qualify for 2 weeks of unpaid Partner’s Leave. Primary carers can also choose to transfer part of their 26 weeks of Primary Carer Leave and PPL payments directly to their eligible partner.
How much notice do I need to give my employer before taking leave?
You must give your employer written notice at least 3 months before your due date. This notice should state the type of leave you plan to take, when you plan to start, and how long you intend to be away. Your employer then has 21 days to formally respond.
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