LSL and Maternity Leave – Entitlements

Q: I am hoping you can help me understand entitlements for LSL in NZ.

My understanding is that LSL is not a legal requirement in NZ however it may be negotiated between an employer and employee. Can you please confirm this to be the case and what documentation is required should the employer want to offer this to employees?

The reason why I ask this question is because our company purchased a company last year (and that company acquired another company in 2014 who had a LSL agreement in place).

LSL is not offered in our current employment contracts and all staff signed new contract, however those staff that were part of the 2014 acquisition had existing arrangements re LSL. We are unsure if this needs to be honoured or if the contract they signed for our company supersedes?

A: As LSL is an agreed term any documentation are up to the parties but you would typically see a reference in the employment agreement or even company policy stating the criteria, rules etc.

If an employee was offered employment by another company and that involved being provided with a new employment agreement in the new employers name (different legal entity) then the previous terms are void, unless it was agreed to honour this.

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