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New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

1B: Outline

You could also call this:

“This Act explains when you can take time off work and get money to look after a new baby or young child”

This Act explains when you can get time off work and money to care for a new baby or young child. If you’re the main carer for a child under 6, you might be able to get:

  1. Time off work (called leave)
  2. Money while you’re not working (called parental leave payments)

How much leave and money you can get depends on how long you’ve been working. If you’ve been working for at least 6 months, you can get up to 26 weeks of leave and payments. If you’ve been working for at least 12 months, you can get up to 52 weeks of leave, but still only 26 weeks of payments.

If you haven’t been working for 6 months but have earned enough money, you might still be able to get payments for 26 weeks. If you work for yourself, you can take as much leave as you want and might get payments too.

The person who’s not the main carer (like a partner or spouse) can also get some time off. They might get 1 or 2 weeks of leave, depending on how long they’ve been working.

Sometimes, you can share or swap your leave and payments with your partner. The Act also explains how to ask for leave, what happens while you’re away, and how your job is protected when you go back to work.

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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=DLM6810677.

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1A: Purpose, or

“This law explains how parental leave works and helps you when you're having or adopting a baby”

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2: Interpretation, or

“What important words mean in this law about parental leave”

1BOutline

  1. This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act.

  2. This Act sets out the circumstances in which a biological mother or other person who takes permanent primary responsibility for the care, development, and upbringing of a child who is under the age of 6 may be entitled to—

  3. leave from their employment:
    1. parental leave payments.

      1. The person who is the child’s primary carer (see section 7) may be entitled to parental leave and parental leave payments as follows:

      2. for an employee who meets the 6-month employment test (see section 2BA),—
        1. up to 26 weeks of primary carer leave (see Part 1); and
          1. an extension to 26 weeks (see Part 3 (extended leave)), which may need to be shared with the person’s spouse or partner (see section 28); and
            1. if the employee is eligible to receive parental leave payments (see section 71CA), up to 26 weeks of parental leave payments and up to 13 weeks of preterm baby payments (see Part 7A); and
            2. for an employee who meets the 12-month employment test (see section 2BA),—
              1. up to 26 weeks of primary carer leave (see Part 1); and
                1. an extension to 52 weeks (see Part 3 (extended leave)), which may need to be shared with the person’s spouse or partner (see section 28); and
                  1. if the employee is eligible to receive parental leave payments (see section 71CA), up to 26 weeks of parental leave payments and up to 13 weeks of preterm baby payments (see Part 7A); and
                  2. for an employee who does not meet the 6-month employment test but who meets the parental leave payment threshold test (see section 2BA(4)),—
                    1. if agreed to by the employee’s employer, a period of negotiated carer leave (see Part 3A); and
                      1. up to 26 weeks of parental leave payments and up to 13 weeks of preterm baby payments (see Part 7A); and
                      2. for a self-employed person,—
                        1. as much parental leave as the person wishes to take; and
                          1. if the person meets the parental leave payment threshold test (see section 2BA(4)), up to 26 weeks of parental leave payments and up to 13 weeks of preterm baby payments (see Part 7A).

                          2. The spouse or partner of a child’s primary carer may, if he or she assumes responsibility for the care of the child, be entitled to partner’s leave as follows:

                          3. for an employee who meets the 6-month employment test (see section 2BA),—
                            1. up to 1 week of partner’s leave (see Part 2); and
                              1. an extension to 26 weeks (see Part 3 (extended leave)), which may need to be shared with the child’s primary carer (see section 28); and
                              2. for an employee who meets the 12-month employment test (see section 2BA),—
                                1. up to 2 weeks of partner’s leave (see Part 2); and
                                  1. an extension to 52 weeks (see Part 3 (extended leave)), which may need to be shared with the child’s primary carer (see section 28); and
                                  2. for an employee who does not meet the 6-month employment test, there is no entitlement under this Act to partner’s leave; and
                                    1. for a self-employed person, as much partner’s leave as the person wishes to take.

                                      1. It is also possible, in certain circumstances, for a primary carer to transfer their entitlements to their spouse or partner (see section 71E), for the spouse or partner of a primary carer to succeed to a primary carer’s entitlements (see section 72B), or for the spouse or partner of a primary carer to become the primary carer of a child (see section 7(1)(b)(iii)).

                                      2. Parts 4 to 7 set out further matters relating to the administration of parental leave entitlements, including notice requirements (see Part 4), rights and obligations after parental leave begins (see Part 5), protection of employment (see Part 6), and the remedies available to employees (see Part 7).

                                      3. Part 8 contains miscellaneous provisions that relate to the administration of parental leave and parental leave payment entitlements.

                                      Notes
                                      • Section 1B: inserted, on , by section 5 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                                      • Section 1B(3)(a)(i): amended, on , by section 17 of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).
                                      • Section 1B(3)(a)(iii): amended, on , by section 17 of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).
                                      • Section 1B(3)(b)(i): amended, on , by section 17 of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).
                                      • Section 1B(3)(b)(iii): amended, on , by section 17 of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).
                                      • Section 1B(3)(c)(ii): amended, on , by section 17 of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).
                                      • Section 1B(3)(d)(ii): amended, on , by section 17 of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).
                                      • Section 1B(5): amended, on , by section 13(a) of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).
                                      • Section 1B(5): amended, on , by section 13(b) of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).