Unpaid Extended Parental Leave Rights in New Zealand
Unpaid extended parental leave is an entitlement for eligible employees to take a period of leave without pay following the birth or adoption of a child, beyond the initial period of primary carer leave [Source: Parental Leave and Employment Protection Act 1987, s 2(1)]. Primary carer leave is the initial period of leave taken by the primary carer of a child [Source: Parental Leave and Employment Protection Act 1987, s 2(1)]. This type of leave is unpaid.
Eligibility Criteria
To be eligible for unpaid extended parental leave, an employee must meet certain service requirements with their employer:
- 6-Month Service Qualification: An employee who has been employed by the same employer for an average of at least 10 hours a week over any 6-month period immediately before the expected date of birth or the date they assume care of a child may be eligible for certain parental leave entitlements [Source: Parental Leave and Employment Protection Act 1987, s 7B].
- 12-Month Service Qualification: An employee who has been employed by the same employer for an average of at least 10 hours a week over any 12-month period immediately before the expected date of birth or the date they assume care of a child may be eligible for further parental leave entitlements, including a longer period of extended leave [Source: Parental Leave and Employment Protection Act 1987, s 7C].
Duration of Unpaid Extended Parental Leave
The duration of unpaid extended parental leave depends on the employee's service qualification:
- For 6-month service qualified employees: Entitlement to up to 26 weeks of extended leave [Source: Parental Leave and Employment Protection Act 1987, s 26(1)(b)].
- For 12-month service qualified employees: Entitlement to up to 52 weeks of extended leave [Source: Parental Leave and Employment Protection Act 1987, s 26(1)(c)].
It is important to note that the total period of parental leave (including primary carer leave, partner's leave, and extended leave) taken by one or both parents in respect of a child cannot exceed 52 weeks [Source: Parental Leave and Employment Protection Act 1987, s 26(2)].
Notice Requirements
An employee intending to take unpaid extended parental leave must provide their employer with written notice. This notice should generally be given at least 3 months before the expected date of birth or the date the employee expects to assume care of the child [Source: Parental Leave and Employment Protection Act 1987, s 31(1)].
The notice must specify:
- The type of leave the employee intends to take.
- The proposed start and end dates of the leave [Source: Parental Leave and Employment Protection Act 1987, s 31(2)].
Additionally, the notice must be accompanied by evidence supporting the claim, such as a medical certificate confirming pregnancy or a statutory declaration in the case of adoption [Source: Parental Leave and Employment Protection Act 1987, s 33, s 34]. For adoption, notice should be given within 14 days of receiving advice that the application to adopt has been approved, or earlier if possible [Source: Parental Leave and Employment Protection Act 1987, s 31(1)(c)].
Employer's Obligations
Within 21 days of receiving an employee's parental leave notice, the employer must provide a written response. This response must state whether the employee is entitled to parental leave and, if so, the date it will end [Source: Parental Leave and Employment Protection Act 1987, s 35(1)].
Employers generally have an obligation to keep the employee's position open during parental leave. However, in certain circumstances, such as if the position is a key position and a temporary replacement is not reasonably practicable, the employer may not be required to hold the position open [Source: Parental Leave and Employment Protection Act 1987, s 41(1), s 41(2)]. A key position is defined as a position that is essential to the employer's business and cannot reasonably be filled by a temporary replacement [Source: Parental Leave and Employment Protection Act 1987, s 41(2)(c)]. If an employer determines that the position cannot be kept open, they must notify the employee in writing with reasons and advise them of their right to dispute the decision [Source: Parental Leave and Employment Protection Act 1987, s 41(3), s 41(4)].
Return to Work
An employee must provide their employer with written notice of their intention to return to work at least 21 days before their parental leave is due to end [Source: Parental Leave and Employment Protection Act 1987, s 45(1)]. Upon returning from parental leave, an employee is generally entitled to resume work in the position they held immediately before their leave, or an equivalent position with terms and conditions no less favourable [Source: Parental Leave and Employment Protection Act 1987, s 47].
When to Seek Independent Legal Advice
For specific information on individual circumstances regarding employment law matters, including parental leave entitlements, eligibility, or disputes, individuals are encouraged to contact Employment New Zealand or seek assistance from a Community Law Centre for free legal information. Community Law Centres provide general legal information and services to help people understand and navigate the New Zealand legal system.