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:
- 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.
- 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