Q: Can you please explain Parental Leave in NZ & what employees are entitled to?
Our employee seems to think we need to pay him 2 weeks is that correct or does he apply for these payments directly through Inland Revenue?
He is a permanent employee with 7 months service.
There is nothing specific in our contracts just in in accordance with the Parental Leave and Employment Protection Act 1987.
A: Is he asking for partners leave to support their partner? If yes this is unpaid not paid.
The 5 types of parental leave are all unpaid by the employer only keeping in touch days is paid but that is for the mother returning to work while still on parental leave (64 hours).
The 26 weeks paid by the government is administered by IRD and paid directly to the eligible employee but it is up to them apply and nothing to do with payroll.
Please provide more details so we can assist.
Or here is the link to online information: https://www.employment.govt.nz/leave-and-holidays/parental-leave/types-of-parental-leave/
Q: Yes he is wanting partners leave but thinks we need to pay him 2 weeks.
Can he take annual leave at the same time as receiving payments through Inland Revenue?
Also is he entitled to 2 weeks unpaid leave or does it depend on length of service?
A: No annual leave would be taken before parental leave or after but not at the same time as receiving the parental leave payment from IRD.
Here is the reference to Partners Leave:
If you’re a spouse or partner and you meet the:
- six month time criteria you may take one week’s unpaid partner’s leave
- twelve month time criteria you may take two weeks’ unpaid partner’s leave.
You can take partner’s leave within the timeframe:
- starting 21 days before the due date of the baby, or the date your partner or spouse becomes the primary carer for a child under six years, and
- ending 21 days after the baby is born (unless the baby is discharged from a hospital more than 21 days after the birth, in which case the partner’s leave timeframe ends on the day the child is discharged) or the date your partner or spouse becomes the primary carer for the child.
If you and your employer agree, you can start your partner’s leave at any time.
An employee can’t take partner’s leave if:
- she is the biological mother and she has transferred her parental leave payment entitlements to her spouse or partner; or
- the employee is the partner or spouse of the child’s biological mother and she has transferred her parental leave payment to the employee (the employee will have primary responsibility for the day-to-day care of the child).
Reference: https://www.employment.govt.nz/leave-and-holidays/parental-leave/types-of-parental-leave/