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New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Primary carer leave

9: Duration of primary carer leave

You could also call this:

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

You can take primary carer leave for up to 26 weeks in one continuous period. If you’re a female employee, you might be able to take more than 26 weeks in some cases.

If you’re a female employee and you start your primary carer leave on a date specified in a certificate or a date set by your employer, you can take at least 20 weeks of leave after the expected date of delivery. If needed, you can extend your leave to make sure you have those 20 weeks.

If you’re a female employee and you take more than 26 weeks of primary carer leave for this reason, it still counts as primary carer leave under this law. However, this extra time won’t be considered when figuring out how much extended leave you or your spouse or partner might be able to take later.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120467.

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8: Entitlement to primary carer leave, or

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

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10: Date of commencement of primary carer leave, or

“When your time off to care for a new child begins”

Part 1 Primary carer leave

9Duration of primary carer leave

  1. Primary carer leave must be taken in 1 continuous period not exceeding 26 weeks, subject to subsection (2).

  2. If a female employee begins her primary carer leave—

  3. on a date specified, pursuant to section 13(1), in a certificate; or
    1. on a date appointed, pursuant to section 14, by her employer,—
        1. the female employee shall be entitled to take at least 20 weeks of her primary carer leave after the expected date of delivery and, if necessary for that purpose, to extend the duration of her primary carer leave.

      1. A period of primary carer leave in excess of 26 weeks taken by a female employee under subsection (2) is to be treated as primary carer leave for the purposes of this Act, but must not be taken into account in assessing under section 26 any period of extended leave to which the female employee or her spouse or partner may be entitled under this Act.

      Compare
      • 1980 No 162 s 8
      Notes
      • Section 9 heading: amended, on , by section 17(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
      • Section 9(1): substituted, on , by section 28(1) of the Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89).
      • Section 9(1): amended, on , by section 18(1) of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).
      • Section 9(1): amended, on , by section 17(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
      • Section 9(2): amended, on , by section 18(2) of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).
      • Section 9(2): amended, on , by section 17(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
      • Section 9(2)(a): amended, on , by section 10 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
      • Section 9(3): substituted, on , by section 11(2) of the Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89).
      • Section 9(3): amended, on , by section 18(1) of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).
      • Section 9(3): amended, on , by section 17(4) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
      • Section 9(3): amended, on , by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).