COVID-19 response

If you are looking for the latest legal information relating current Coronavirus laws in New Zealand, check out our new section: Coronavirus and the Law.

Communtity Law Manual | Employment: Conditions & protections | Resolving problems about parental leave

Parental leave

Resolving problems about parental leave

What if I have a dispute with my employer about parental leave?

Parental Leave and Employment Protection Act 1987, ss 70A & 70B

If you and your employer can’t agree on a parental leave issue, a government labour inspector can:

  • decide whether you qualify for parental leave, or
  • decide your ordinary or average weekly income, and
  • enforce parental leave payments.

The labour inspector can also give your employer a “demand notice”, if the inspector is satisfied that you’re entitled to parental leave and that your employer isn’t prepared to acknowledge this. The employer must comply with this notice; if they don’t, you can enforce it by going to the Employment Relations Authority.

Parental Leave and Employment Protection Act, s 70G

The labour inspector can also do all of those things for self-employed people.

Parental Leave and Employment Protection Act 1987, ss 55–70

Complaints by employees relating to parental leave are dealt with by the Employment Relations Authority in a way similar to personal grievances (see the chapter “Resolving employment problems”).

Next Section | Flexible working
back to top
Page Reader Press Enter to Read Page Content Out LoudPress Enter to Pause or Restart Reading Page Content Out LoudPress Enter to Stop Reading Page Content Out LoudScreen Reader Support