Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Interpretation

2B: Multiple children

You could also call this:

“This law explains how parental leave works when you have more than one baby or child at the same time”

This part of the law talks about what happens when you have more than one child at the same time or within a short period. It’s important for figuring out what rights and benefits you can get for parental leave and payments.

If you give birth to twins, triplets, or more babies at once, the law treats it as if you only had one baby. This means you get the same amount of parental leave and payment as if you had just one baby.

If you become the main caregiver for two or more children within four weeks, the law treats it as if you’re only caring for the youngest child. This could happen if you adopt more than one child close together, for example.

The law also makes sure that you can’t get both a parental leave payment and a parental tax credit for the same children. You can only get one of these benefits.

These rules help make sure that the parental leave system is fair for everyone, no matter how many children they have at once.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120430.

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“Rules for people who are both employed and self-employed at the same time”

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2BA: Thresholds for entitlements, or

“How to know if you can take time off work to care for a new baby or child”

2BMultiple children

  1. This section applies for the purpose of—

  2. determining a person's entitlement to rights and benefits in respect of parental leave and parental leave payment; and
    1. ensuring that a person described in subsection (2) or (3) does not receive both a parental leave payment under Part 7A and a parental tax credit (within the meaning of the Income Tax Act 2007) in respect of the same children.

      1. A person who gives birth to 2 or more children as a result of 1 pregnancy and assumes or intends to assume the care of those children must be treated as if the person had given birth to only 1 child as a result of the pregnancy and had assumed or intended to assume the care of only 1 of those children.

      2. A person who becomes the primary carer in respect of 2 or more children within a 4-week period is treated as if the person had become the primary carer in respect of only the youngest of those children within that period.

      Notes
      • Section 2B: inserted, on , by section 8(1) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
      • Section 2B heading: amended, on , by section 11(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
      • Section 2B heading: amended, on , by section 11(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
      • Section 2B(1)(b): amended, on , by section 11(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
      • Section 2B(1)(b): amended, on (effective for 2008–09 income year and later income years, except when the context requires otherwise), pursuant to section ZA 1(1) of the Income Tax Act 2007 (2007 No 97).
      • Section 2B(3): replaced, on , by section 11(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).