Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Primary carer leave

8: Entitlement to primary carer leave

You could also call this:

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

You can take primary carer leave if you are the main person looking after a child and you have worked for your employer for either 6 months or 12 months. However, you can’t take this leave if you’ve already had parental leave for the same child, either under this law or any other law or work agreement. There’s an exception to this rule if you become the main carer of a child in a special way that the law describes.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM120461.

Previous

7: Meaning of primary carer, or

“Who counts as a primary carer for a child”

Next

9: Duration of primary carer leave, or

“How long you can take off work to care for your new baby”

Part 1 Primary carer leave

8Entitlement to primary carer leave

  1. An employee may take primary carer leave if the employee—

  2. is the primary carer in respect of a child; and
    1. meets the 6-month employment test or the 12-month employment test.

      1. No employee may take primary carer leave under subsection (1) in respect of a child if the employee has previously taken a period of leave in respect of that child, being—

      2. parental leave under this Act; or
        1. a period of leave in the nature of parental leave under any Act other than this Act or under any employment agreement.

          1. Subsection (2) does not apply to an employee who is a primary carer under section 7(1)(b)(iii).

          Notes
          • Section 8: replaced, on , by section 16 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
          • Section 8(3): inserted, on , by section 15 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).