Parental Leave and Employment Protection Act 1987

Primary carer leave

12: Right of employer and employee to determine date of commencement of primary carer leave by agreement

You could also call this:

“You and your boss can decide together when your time off to look after your new baby starts”

You and your employer can agree on when your primary carer leave will start. If you’re going to give birth to a child, you can start your leave on any day before the baby is due. If you’re becoming the primary carer for a child in any other way, you can start your leave on any day before you plan to take on that role. This agreement gives you and your employer some flexibility in deciding the best time for your leave to begin.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120477.


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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”


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13: Right of medical practitioner or midwife to determine date of commencement of primary carer leave, or

“Doctor or midwife can choose when your parental leave starts”

Part 1 Primary carer leave

12Right of employer and employee to determine date of commencement of primary carer leave by agreement

  1. Primary carer leave may, by agreement between the employee and his or her employer, begin on any date before,—

  2. in the case of a child to be born to the employee, the expected date of delivery; or
    1. in any other case, the date on which the employee intends to become the primary carer in respect of the child.
      Notes
      • Section 12: replaced, on , by section 20 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).