How much leave am I legally entitled to?
If you have been in the same job or position for 12 months or more, you are entitled at law to take up to 14 weeks paid parental leave plus unpaid extended leave of up to 52 weeks
If you have been in the same job for more than 6 months but less than 12 months you are only entitled to 14 weeks paid parental leave
Can my Partner also take Parental Leave?
Yes, a partner, either husband, civil union or de facto partner can take parental leave, and they do not have to be the natural parent of the child.
If your partner qualifies for Partners or paternity leave, generally, if they have worked for the same employer for 12 months or more, then they qualify for 2 weeks of leave. (This is in addition to the 14 weeks you get but it is unpaid). If they have worked for the same employer for 6 months but less than 12, then they qualify for one week.
Does my employer have to keep my job open during my Paid Parental leave?
Generally yes. Where an employee takes a period of paid parental leave, an employer is presumed to be able to keep the employee’s job open until the end of the employee’s paid parental leave.
However if a temporary replacement is not reasonably practicable due to the key position the employee occupies in the business or because of a redundancy they may not have to keep your job open. An employer is presumed to be able to hold open an employees position while they are taking a period of leave shorter than 4 weeks even if the employee holds a key position.
Does my employer have to keep my job open during my extended leave - say 52 weeks?
There is not a short answer to this question
Do they have to offer me a part-time job if I want to come back part-time?
In short, no
Can I be made redundant while on parental leave?
If your employer is contemplating a redundancy situation when you are on parental leave, they can go through the same processes they would as if you were still working. However they cannot make you redundant only because you are on parental leave.
How much leave can I take while I am still at work before baby arrives?
You are entitled to 10 days unpaid special leave for things like antenatal check-ups or scans. This is a separate entitlement and is not counted as part of your parental leave.
What if I change my mind and no longer want to work after applying and having paid parental leave granted?
If you wish to resign, you can resign once you are on paid parental leave. You will continue to be paid 14 weeks parental leave but only if you resign after the end of the leave.
If you have any other questions please don’t email me - email Miriam Sinclair who is an Associate at Preston Russell Law and who knows lot more about this area than I do!!! (Miriam.Sinclair@prlaw.co.nz)
