Edmonds Judd

paid parental leave

Luke is very excited about the impending birth of his first child and is taking the time to reflect on his life so far. As he is driving to the store to pick up some groceries, he recalls the first job he ever had – working as a bartender in a lovely little Scottish pub in Dunedin. His pay wasn’t significant back in those days, but he worked hard and he saved his pennies. It wasn’t long before he’d saved up enough to go on a big holiday!

Luke had always dreamed of flying to Indonesia to see the Komodo dragons in the wild. Once he was sure he had enough in the bank, he went to ask his manager, Mr Moyes, if he could have some time off.

“Tell me lad,” Mr Moyes said, furrowing his brow, “how long have you been working for me now?”

“Why, nearly six months, Mr Moyes! I reckon I deserve a break” Luke said, sheepishly. Beads of sweat began to drip down his pimply face.

“Well, Luke,” Mr Moyes began, shifting uncomfortably in his seat, “it’s not that I don’t think you deserve a nice holiday. Aye, you’re an excellent worker, and you have a knowledge of whisky as fine as any Scotsman! But I just wonder, won’t the shortfall from the lack of wages during your holiday be an issue?”

Luke gulped.

“But sir, I thought I would simply take annual leave. After all, I’ve accrued ten days’ worth. That’s more than enough for my holiday, assuming it doesn’t take longer than that to find the Komodo dragons.”

“Well, you see Luke,” Mr Moyes responded, offering a wry grin. “Here in Aotearoa New Zealand, you can’t actually take annual leave until you’ve been working continuously at the same place for 12 months. You continue to accrue it, yes, but there’s no entitlement to actually take the accrued leave until your first anniversary of employment. You can take annual leave you’ve accrued before then, but this is at my sole discretion, being your gaffer and all”.

“Oh,” Luke exclaimed, crestfallen. He had so been looking forward to travelling to Indonesia. Mr Moyes looked him up and down and sighed.

“Tell ya what lad, I think we’ll manage without you. You can take the leave you’ve accrued, no problem”.

Luke jumped for joy. He was going to Indonesia! He paused, wondering if he could try his luck further.

 

“Actually Mr Moyes, how would you feel if I went to Indonesia for three weeks instead of two?” Mr Moyes jumped out of his seat.

“That’s a bit cheeky!” he said, his eyes as big as wagon wheels. “But alright, you can take leave that you haven’t accrued yet in this country too, also at my own discretion. Just be warned, though. If you leave my employ before you’ve accrued that extra week of leave, I’ll require you to pay me back. Every cent!”

Mr Moyes’s warning fell on deaf ears though, as Luke could think only about Indonesia, sipping on coconuts and surveying the local fauna.

Of course, Mr Moyes was right.  Most employees are entitled to four weeks of annual holidays, and they start accruing this leave from their first day on the job. Accrued leave then sits there, unused, until the 12-month anniversary of your employment. Your employer can let you take the leave you’ve accrued before the 12-month anniversary, but this is at their sole discretion.

 

You can also take leave before you’ve accrued it but this can be risky, as you may have to pay your employer the difference, if you resign before it’s accrued.


Luke snapped back to reality. He hadn’t worked for Mr Moyes for some time now, but he would always remember his words and his warning. He smiled, and thought about the life lessons he would pass down to his child. Unfortunately, contemplating this was very distracting for Luke, and he crashed into the car in front of him! Luckily, no one was hurt, but Luke wondered what Sally would think of him crashing her brand new Tesla…

 

Jamie Graham


Meet Luke and Sally. They’ve been together for about a year, and now they have some exciting news—Sally is pregnant with their first baby! Amid the joy, Sally wants to find out what her pregnancy means for her job and what leave she can take once the baby arrives.

Pregnancy Rights at Work

First things first: the law protects pregnant employees. Under the Human Rights Act, it’s illegal for anyone to treat Sally unfairly because of her pregnancy. In fact, employers can (and often do) offer extra support, like flexible work hours, to make things easier for expecting mothers.

Understanding Parental Leave

Sally is planning to be her child’s main caregiver, so she looks into her parental leave options under the Parental Leave and Employment Protection Act (let’s call it the Parental Leave Act for short).

The Parental Leave Act defines a primary carer as the biological mother (or another person, like a partner, in certain situations). If you’re the primary carer, you may be entitled to:

  • Unpaid parental leave from your employer, and
  • Paid parental leave payments, which are handled through Inland Revenue.

How Long Has Sally Been at Her Job?

What Sally qualifies for depends on how long she’s worked for her employer and how many hours she’s worked each week. Let’s break it down:

  1. 6-Month Test:
    If Sally has worked for her employer for at least an average of 10 hours a week in the 6 months before her baby’s due date, she qualifies for:

    • Up to 26 weeks of unpaid leave, and
    • Up to 26 weeks of parental leave payments.
  2. 12-Month Test:
    If Sally has worked for at least 10 hours a week in the 12 months before her baby’s due date, she’s eligible for:

    • Up to 26 weeks of paid parental leave, and
    • Extended unpaid leave of up to 52 weeks total.

Good news for Sally—she meets the 12-month test, so she’s entitled to the full benefits.

What About Luke?

Sally and Luke also have the option to share parental leave. If they decide Luke will be the primary carer at any point, he can take over Sally’s entitlements, but this means Sally would no longer have primary carer benefits during that time.

If Luke doesn’t take over as the primary carer, he can still apply for partner’s leave:

  • 1 week if he’s worked 10+ hours weekly for the last 6 months, or
  • 2 weeks if he’s worked 10+ hours weekly for the last 12 months.

What Does Sally Need to Do?

To take parental leave, Sally must give her employer at least 3 months’ notice before her due date. She’ll also need to include a certificate from her midwife confirming her pregnancy and due date.

Need Help?

Parental leave laws can seem complicated, but knowing your rights can make the process smoother. If you’re unsure about your entitlements or how parental leave might affect your job, we’re here to help—just reach out!

 

Kristin O’Toole