Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Primary carer leave

10: Date of commencement of primary carer leave

You could also call this:

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

Your primary carer leave starts at different times depending on your situation. If you give birth to a child, it begins on the day the baby is born. If you become a primary carer in a different way, it starts on the day you take on that role. However, if you’re a primary carer as described in section 7(1)(b)(iii), you and your employer can agree on a start date within a reasonable time after you become the primary carer. In some cases, your leave might start earlier. This could happen if it’s decided according to sections 11, 12, or 13, or if your employer sets an earlier date as per section 14.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120474.

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9: Duration of primary carer leave, or

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

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11: Right of employee to determine date of commencement of primary carer leave, or

“You can decide when to start your leave as the main carer for a child”

Part 1 Primary carer leave

10Date of commencement of primary carer leave

  1. Primary carer leave begins,—

  2. in the case of a child born to the employee, on the date of confinement; or
    1. in the case of an employee who is a primary carer under section 7(1)(b)(iii), on the date, within a reasonable period after the date on which the employee becomes the primary carer in respect of the child, that the employee and the employer agree upon; or
      1. in any other case, on the date on which the employee becomes the primary carer in respect of the child; or
        1. on such earlier date—
          1. as is determined in accordance with section 11 or section 12 or section 13; or
            1. as is appointed by the employer pursuant to section 14.

            Compare
            • 1980 No 162 s 9
            Notes
            • Section 10 heading: amended, on , by section 18(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
            • Section 10: amended, on , by section 18(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
            • Section 10(a): replaced, on , by section 18(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
            • Section 10(aa): inserted, on , by section 16 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).
            • Section 10(b): replaced, on , by section 18(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).