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Parental Leave and Employment Protection Act 1987

Protection of employment

49: Dismissal by reason of pregnancy or parental leave prohibited

You could also call this:

“You can't be fired for being pregnant or taking parental leave”

Your employer is not allowed to fire you because you are pregnant or because you want to take parental leave. If you are a woman, your employer can’t fire you because of your pregnancy or because of health issues related to your pregnancy. They also can’t fire you because you or your partner want to take parental leave or become the main caregiver for a child. Your job is protected while you’re on parental leave and for 26 weeks after you return from leave.

There are some situations where your employer can end your job without breaking these rules. They can do this if you agree to it. They can also do it if you take time off work because of pregnancy or becoming a primary caregiver, but only if this time off isn’t covered by the parental leave rules in sections 13 and 14 of this law or any other parental leave rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121020.

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Part 6 Protection of employment

49Dismissal by reason of pregnancy or parental leave prohibited

  1. No employer shall terminate the employment of any employee—

  2. by reason of, in the case of a female employee,—
    1. her pregnancy; or
      1. her state of health during her pregnancy, unless her state of health during her pregnancy is materially affected by causes not related to her pregnancy; or
      2. by reason of, in the case of any employee,—
        1. the employee indicating that the employee wishes to take parental leave under this Act or rights and benefits in the nature of parental leave under any provision other than this Act; or
          1. the employee, or the employee’s spouse or partner, becoming the primary carer in respect of a child; or
          2. during the employee's absence on parental leave or during the period of 26 weeks beginning with the day after the date on which any period of parental leave ends.

            1. It shall not be a contravention of subsection (1) for an employer to terminate the employment of an employee—

            2. with the employee's consent; or
              1. where solely on account of—
                1. the pregnancy of a female employee or the employee's spouse or partner; or
                  1. the employee becoming the primary carer in respect of a child,—
                    2. the employee absents himself or herself from work (other than with the agreement of the employee's employer or in accordance with section 13 or section 14) for any period which the employee is not entitled to take as leave by reason of any provision of this Act or any entitlement to parental leave contained in any provision other than this Act.

                  Compare
                  • 1980 No 162 s 27
                  Notes
                  • Section 49(1)(b)(ii): replaced, on , by section 42(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                  • Section 49(2)(b)(i): amended, on , by section 8 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).
                  • Section 49(2)(b)(ii): replaced, on , by section 42(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).