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Parental Leave and Employment Protection Act 1987

Partner’s leave

17: Entitlement of spouse or partner of primary carer to partner’s leave

You could also call this:

“When you can take time off to help care for a new baby”

You can take partner’s leave if you are the spouse or partner of the primary carer of a child. To do this, you need to plan on taking care of the child and meet either the 6-month or 12-month employment test.

However, there are some cases where you can’t take partner’s leave. You can’t take it if you’ve already had partner’s leave for the same child before, either under this law or another one. Also, if you’re the child’s birth mother and you’ve given your parental leave payment rights to your spouse or partner, you can’t take partner’s leave.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM120487.

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Part 2 Partner’s leave

17Entitlement of spouse or partner of primary carer to partner’s leave

  1. An employee may take partner’s leave if the employee—

  2. is the spouse or partner of the primary carer in respect of a child; and
    1. assumes or intends to assume responsibility for the care of that child; and
      1. meets the 6-month employment test or the 12-month employment test.

        1. Despite subsection (1), an employee may not take partner’s leave in respect of a child under subsection (1) if—

        2. the employee has previously taken, in respect of that child, a period of leave, being—
          1. partner’s leave under this Act; or
            1. a period of leave in the nature of partner’s leave under any Act other than this Act or under any employment agreement; or
            2. the employee is the biological mother of the child and transferred her parental leave payment entitlements to her spouse or partner under section 71E.

              Notes
              • Section 17: replaced, on , by section 26 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).