HRD looks at the legal dos and don'ts of parental leave
Parental leave is a key policy for every organisation, setting out what employees are entitled to – both from the government and from the business itself.
There are statutory guidelines all organisations must follow, regardless of what an employer might choose to offer above and beyond the government’s payments. Ignoring these rules is not only against the law, but it also adds unnecessary angst to what can often be a stressful time for expecting parents. Therefore, it’s imperative HR leaders and employees understand the regulations and their rights.
Here, HRD looks at some of the most commonly asked questions around parental leave.
Primary carers are eligible to up to 26 weeks of government-funded parental leave, which equates to the greater of an employee’s ordinary weekly pay or the average weekly income, with a max of $621.76 per week.
Employees are also eligible for unpaid leave, but exactly how much will depend on how long the employee has been with the company. Those who have been employed for at least an average of 10 hours a week for 12 months or more before the child’s due date are eligible to 52 weeks unpaid leave. That figure drops down to 26 weeks for those employed for at least an average 10 hours a week for six months or more just before the expected birth of the child. Parental leave can be taken by one parent or if both are eligible, split between them.
Leading employers also provide a parental leave package on top of the government’s payments. An increasing number of employers, such as dairy co-op Fonterra, are offering to top up payments to meet the employee’s full wage.
Read more: Air New Zealand imposes mandatory vaccinations by November 14
According to the government regulations, employees can work for up to 64 hours while on paid parental leave. However, that must be agreed to by both the employer and the employee. The work also must not be carried out within the first 28 days after the child is born, otherwise the employee is considered having gone back to work and won’t be eligible for further parental leave payments.
Primary carers can begin taking leave six weeks before they are due or earlier if it is directed by a doctor or midwife, or it becomes too difficult for the employee to work and there is no other suitable work.
If employees are eligible for other types of leave, like annual leave or time off in lieu, they can use that first before choosing to use parental leave.
Read more: Mandatory vaccination policies in New Zealand: Employer duty vs individual rights
Dads and partners are eligible to either one or two weeks of unpaid leave depending on how long they’ve worked at the company. If they’re planning to split parental leave with their partner, then this is counted as additional leave. They’re able to begin taking leave 21 days before their partner is due to become primary carer.
No, an employer cannot deny a request for parental leave. However, an employer can decline to hold the position open until that person returns if the employee will be gone for more than four weeks, the position is crucial to the business and cannot be filled with a short-term replacement.
