What you need to know about Parental Leave
Who can take parental leave?
If you are expecting a baby or plan to adopt a child under six you can apply for parental leave.
Employees can take paid and unpaid parental leave. Self employed workers are entitled to paid parental leave only.
Employees
To be eligible, you need to have worked for the same employer for between six or 12 months immediately prior to your due date or the date you assumed the care of a child you intend to adopt. You also need to have worked an average of at least 10 hours a week and one hour in every week or 40 hours every month.
The amount of leave you’ll get depends on whether you’ve been employed continuously for six or 12 months.
Self-employed
You need to have been self-employed for six or 12 months and have averaged at least 10 hours in every week to be eligible for paid parental leave. You also qualify if you work in more than one type of work or combine self-employment with work as an employee.
For full details, visit:
www.ers.govt.nz/parentalleave/self-employed
How much paid and unpaid parental leave can I get?
Paid parental leave
Eligible employees and self-employed parents are entitled to:
14 continuous weeks paid parental leave.
If your spouse/partner (including same sex) also meets the qualifying criteria, you can share part or all your paid parental leave with them.
If your employment agreement provides for additional parental leave, you get this as well. Whatever is the case, your employment agreement cannot change your eligibility for the government’s parental leave payments.
Unpaid parental leave
Eligible employees are entitled to:
Special leave of up to 10 days for such things as antenatal checks
Extended leave of up to 52 weeks for employees with 12 months eligible service.
Partner’s/paternity leave of one week or two weeks depending on the length of your qualifying service.
How much do I get paid?
The same as your ordinary weekly pay or average weekly earnings up to a maximum of $429.74 per week before tax.
Self-employed parents who make a loss or earn less than the equivalent of 10 hours pay at the highest rate of minimum wage, receive a minimum rate of $125.00.
How can I calculate my parental leave?
The Department of Labour has developed a handy Parental Leave Calculator that you can access at: www.ers.dol.govt.nz/parentalleave/calculate
How often can I take parental leave?
You can take it as many times as needed as long as you’ve been back at work at least six months before your due date.
When does parental leave start?
Paid parental leave of 14 continuous weeks — you can start this up to six weeks before the expected date of birth or adoption. Payments start when your parental leave begins. Payments will stop if you return to work for any time, resign, or stop being self-employed during the 14-week paid leave period.
If your employer agrees you can start at any other time before your baby is due.
You can also start earlier if your doctor or midwife thinks it necessary. If this occurs, you can take up to eight weeks maternity leave after the birth of your child and the maternity leave (but not payment) is extended to allow for that.
Partner’s/Paternity Leave — you can take these one or two weeks at any time during the 21 days either side of the expected date of birth or adoption. If your employer agrees you can start at any other time. This leave is in addition to your extended unpaid leave below.
Extended leave of up to 52 continuous weeks — can be started following paid parental leave, partner’s/paternity leave, or after a return to work. But the right to the leave ends when the child is one year old or one year after the parent has assumed the care of a child they intend to adopt. Other arrangements are also OK if agreed with your employer.
Extended leave can be shared between both eligible parents, but the total leave taken must not be more than 52 weeks (minus any paid parental leave taken). Both partners/spouses can take their leave at the same time or they can take it one after the other.
What if I don’t qualify for paid parental leave?
You may instead be eligible for the Parental Tax Credit, one of the family tax credits administered by Inland Revenue. This provides up to $150 per week for eight weeks, based on the level of family income. You may access either paid parental leave or the Parental Tax Credit, but not both. Further information on the Parental Tax Credit is available from Inland Revenue’s website at www.ird.govt.nz or by phoning 0800 227 773.
How can I apply?
Employees
To receive paid parental leave you must first apply to your employer for parental leave and then to the Inland Revenue for the 14 weeks’ parental leave payments.
You need to apply to your employer in writing at least three months before your baby is due. Your employer must reply within 21 days.
For details of what to include in your letter and the medical certificates needed and to download examples of letters, visit:
http://ers.govt.nz/parentalleave/employees/how-to-apply.html
Different notice periods apply for adoption — for details visit:
http://ers.govt.nz/parentalleave/adoptive/index.html
Self-employed
To apply for paid parental leave you must either:
- have your self-employment and earnings verified by a chartered accountant
or
- complete a declaration witnessed by a JP to verify your self-employment and earnings.
Then, send your paid parental leave application form to Inland Revenue, along with a certificate, or copy of a certificate, from a medical practitioner or midwife confirming your pregnancy, or proof that you have assumed the care of a child you intend to adopt.
For further details on how to apply as a self-employed person, visit:
http://ers.govt.nz/parentalleave/self-employed/make-an-application.html
For application forms for parental leave payments, visit:
http://ers.govt.nz/parentalleave/forms/ird.html
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This page was last updated on:
27-Jul-2009
and is current. |
