Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Payment for parental leave - Amount of parental leave payment

71M: Amount of parental leave payment

You could also call this:

“How much money you can get for parental leave”

The law explains how much money you can get for parental leave payments. If you’re an employee, you’ll get the smaller amount between $754.87 per week and your normal weekly pay. If you work for yourself, you’ll get the smaller amount between $754.87 per week and your average weekly income. However, you’ll always get at least the minimum amount set by the government for self-employed people.

If you’re both an employee and self-employed, the most you can get is $754.87 per week. The government can change these amounts from time to time.

Remember, you’ll always get the lower amount between the maximum payment and what you usually earn. This helps make sure you don’t get more money on parental leave than you would if you were working.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121714.

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71LA: End of parental leave payment for self-employed persons, or

“When self-employed people stop getting money for parental leave”

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71N: Annual adjustment of parental leave payment rates, or

“The law changes how much money parents get for leave each year”

Part 7A Payment for parental leave
Amount of parental leave payment

71MAmount of parental leave payment

  1. The rate of parental leave payment payable to any eligible employee is the lesser of—

  2. $754.87 per week (or any adjusted amount set under section 71N(1) or any other amount set under section 71O); and
    1. the greater of—
      1. 100% of the employee's ordinary weekly pay before the commencement of the parental leave payments; and
        1. 100% of the employee's average weekly income from work.

        2. The rate of parental leave payment payable to any eligible self-employed person is the lesser of—

        3. $754.87 per week (or any adjusted amount set under section 71N(1) or any other amount set under section 71O); and
          1. the greater of—
            1. 100% of the self-employed person's average weekly income from work; and
              1. the minimum amount of parental leave payment for a self-employed person set under section 71N(4).

              2. The rate of parental leave payment payable to a person who is eligible for a parental leave payment as an employee and also as a self-employed person may not exceed $754.87 per week (or any adjusted amount set under section 71N(1) or any other amount set under section 71O), despite subsections (1) and (1A).

              3. Repealed
              Notes
              • Section 71M: inserted, on , by section 4(2) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
              • Section 71M(1): amended, on , by section 69(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
              • Section 71M(1)(a): $754.87 is the adjusted amount for the purposes of section 71M(1)(a), on , pursuant to section 71N(5). Adjustments to the rate of parental leave payment payable to any eligible employee are published and maintained by the Ministry of Business, Innovation, and Employment.
              • Section 71M(1)(a): amended, on , by section 69(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
              • Section 71M(1)(a): amended, on , by section 36(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
              • Section 71M(1)(b)(i): amended, on , by section 69(4) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
              • Section 71M(1)(b)(i): amended, on , by section 36(2) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
              • Section 71M(1)(b)(i): amended, on , by section 91(2) of the Holidays Act 2003 (2003 No 129).
              • Section 71M(1)(b)(ii): amended, on , by section 69(5) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
              • Section 71M(1A): inserted, on , by section 36(3) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
              • Section 71M(1A): amended, on , by section 69(7) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
              • Section 71M(1A)(a): $754.87 is the adjusted amount for the purposes of section 71M(1A)(a), on , pursuant to section 71N(5). Adjustments to the rate of parental leave payment payable to any eligible self-employed person are published and maintained by the Ministry of Business, Innovation, and Employment.
              • Section 71M(1A)(a): amended, on , by section 69(8) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
              • Section 71M(1A)(b)(i): amended, on , by section 69(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
              • Section 71M(1A)(b)(ii): amended, on , by section 69(10) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
              • Section 71M(1B): inserted, on , by section 36(3) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
              • Section 71M(1B): $754.87 is the adjusted amount for the purposes of section 71M(1B), on , pursuant to section 71N(5). Adjustments to the rate of parental leave payment payable to any person who is eligible for a parental leave payment as an employee and also as a self-employed person are published and maintained by the Ministry of Business, Innovation, and Employment.
              • Section 71M(1B): amended, on , by section 69(12) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
              • Section 71M(2): repealed, on , by section 36(4) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).