Q: We have a staff member who joined in January this year. They have just advised that they are pregnant and due date is later this year, October.
Is there an eligibility criteria about how long you have to have worked somewhere in order to keep the job open when they go on parental leave?
A: If the employee has worked continuous employment from 6 up to 12 months they can take a maximum of 26 Weeks of carers or extended leave.
Here is the link from the Employment NZ website: https://www.employment.govt.nz/leave-and-holidays/parental-leave/types-of-parental-leave/#collapse9
Yes if they meet the criteria 6 up to 12 months and have applied for the leave by giving 3 months’ notice then their employment is protected.
There is a provision under the act about critical positions but it would have to be a unique position to go down that path.