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Parental leave and parental leave payments

Overview

If you are working and having a child, you are legally entitled to take unpaid time off work so you can care for your baby. This includes if you’re adopting or taking over permanent care of a child under six years old. For example, you’ll qualify if your grandchild comes to live with you and you’re going to raise them.

If you’re looking for information about taking leave from work, keep an eye out for this ‘time’ icon: .

If you’re looking for information about getting parental leave payments, keep an eye out for this ‘money’ icon: .

There are different types of parental leave, depending on your relationship to the child – for example, primary carer’s leave is different from partner’s leave. For more information about the different leave entitlements, see: “Taking parental leave”. .

There are also times when you are entitled to receive parental leave payments. If you’re the primary carer for the child, you might be eligible for payments for some or all of the time you are on leave. To see what you’re entitled to, see: “Getting parental leave payments” below.

If you are pregnant or taking parental leave, the law protects you from being fired or treated unfairly at work. To see how you’re protected, see: “Job security while you are pregnant or on parental leave”.

The rules about parental leave and parental leave payments can be confusing when you’re figuring out what you’re entitled to.

Your employer is responsible for approving your leave, but the government is responsible for your parental leave payments.

It’s important to know that most parental leave is unpaid, and the eligibility test for payments is different from the eligibility test for leave. So, being entitled to leave doesn’t mean you’re entitled to payments, and vice-versa.

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Employment conditions and protections

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Access the free “Pregnancy Rights: Your legal options before and after pregnancy” booklet. This booklet contains practical answers to questions about pregnancy and the law, and includes information on sexual health and consent, options after a positive pregnancy test, healthcare, education, housing and more.
Online: communitylaw.org.nz/wp-content/uploads/2015/07/Pregnancy-Manual_PDF-for-Web_2021.pdf
Email for a hard copy: publications@wclc.org.nz
Phone: Community Law Wellington and Hutt Valley – 04 499 2928

Ministry of Business, Innovation & Employment

The Employment website of the Ministry of Business, Innovation & Employment publishes a range of information on employment relations and minimum rights at work.

Website: www.employment.govt.nz
Phone: 0800 20 90 20
Hours and wages: www.employment.govt.nz/hours-and-wages
Leave and holidays: www.employment.govt.nz/leave-and-holidays
Workplace policies: www.employment.govt.nz/workplace-policies

Te Kauae Kaimah/New Zealand Council of Trade Unions

Te Kauae Kaimah is the umbrella body for affiliated unions covering every job and industry in New Zealand. It can provide information about which union may cover the type of work you do.

Website: www.union.org.nz
Email: info@nzctu.org.nz
Phone: (04) 385 1334

Labour inspectorate

Labour inspectors monitor and enforce minimum employment conditions. To refer a problem to a labour inspector, you contact the Ministry of Business, Innovation & Employment.

Website: www.mbie.govt.nz/position-descriptions/employment-services/labour-inspector-employment-services and www.employment.govt.nz/resolving-problems/steps-to-resolve/labour-inspectorate
Phone: 0800 20 90 20

Mahi Haumaru Aotearoa/Worksafe New Zealand

Worksafe is New Zealand’s primary workplace health and safety regulator.  The website contains a range of information on workplace health and safety.

Phone: 0800 030 040
Notify Worksafe online: www.worksafe.govt.nz/notify-worksafe

Parental leave payments

For more information on parental leave see Inland Revenue’s website.

Website: www.ird.govt.nz/topics/paid-parental-leave

Office of the Ombudsman

The Ombudsman handles complaints about Government agencies. In the employment context, you can make a protected disclosure (known as whistle-blowing).

Website: www.ombudsman.parliament.nz
Email: office@ombudsmen.parliament.nz
Phone: 0800 802 602
Whistle-blowing/protected disclosure information: www.ombudsman.parliament.nz/what-ombudsman-can-help/serious-wrongdoing-work-whistleblowing

To make a complaint online: www.ombudsman.parliament.nz/get-help-public

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