Who is eligible - employee partners or fathers

This fact sheet provides information for spouse/partners or fathers who are employees and whose partner is giving birth, or who are intending to jointly adopt a child (under 6 years) about rights to parental leave under the Parental Leave and Employment Protection Act 1987.

What is the definition of a partner/spouse?

A spouse or partner is a person in a married, civil union or de facto relationship (including same sex partners) with the mother, or primary carer who assumes the care of the child they intend to jointly adopt. They do not need to be the natural parent of the child.

Am I eligible for parental leave?

You are eligible for parental leave if you have:

Worked for the same employer for an average of at least 10 hours a week (including at least one hour in every week or 40 hours in every month) in the six or 12 months immediately before the baby’s expected due date, or the date you have assumed the care of the child you intend to adopt.

Who is eligible – employee partners or fathers

There are different entitlements available to employees, depending on whether they meet the 12 or six month criteria.

Some people may have worked for the same employer for more than 12 months but have an inconsistent work pattern and do not meet the average hours of work criteria over the 12 months. In this case, you should also calculate your hours of work over six months as you may still be eligible for parental leave (excluding extended leave) under the six month criteria.

Does your employer have to grant a request for leave?

All eligible employees are entitled to parental leave. There are some circumstances where, if you apply for more than four weeks leave, your employer may indicate that your job can not be kept open for you because it is a key position in the business. These circumstances are not common and if this happens you should contact your union, an advisor or for more information on paid parental leave check the Department of Labour’s FAQ Knowledgebase, or phone 0800 20 90 20 during business hours.

This page was last updated on: 12-Oct-2009 and is current.

Further information & guidance

We welcome the opportunity to help you further. If you can't find an answer to your question, or you want further clarification, more detailed information or guidance on any matter covered here, please contact us. We value your query and will respond to you as quickly as possible.

Call us free on 0800 20 90 20 or visit our website at www.ers.dol.govt.nz.

The content of this document covers common problems. It will not answer every question and should not be used as a substitute for legislation or legal advice.

The Department of Labour takes no responsibility for the results of any actions taken on the basis of information on this website, or for any errors or omissions.