You can now calculate how much parental leave you or your partner are entitled to by using the parental leave eligibility tool.
Leave may be available to:
- female employees having a baby, and to their spouses or partners (includes a married, civil union or de facto relationship with a different or same-sex partner)
- employees, and their spouses or partners (includes a married, civil union or de facto relationship with a different or same-sex partner), who begin permanently caring for a child under six years who is not their natural child (this includes permanent care such as adoption (external link) and home for life (external link) , but not foster care).
You can take parental leave again for a different child as long as you’ve been back at work for six months before the expected arrival of your next child and you still meet the parental leave criteria.
To take parental leave you do not have to be a citizen or a permanent resident of New Zealand, but you must be employed under New Zealand employment law.
Types of parental leave has more on if you qualify for government-funded parental leave payments, sometimes referred to as paid parental leave.
People on fixed-term employment agreements get the same entitlements to parental leave and parental leave payments as permanent employees as long as they meet the criteria.
To take parental leave you must meet either the six month or 12 month criteria. The amount of leave you can take depends on whether you meet the six or 12 month criteria. If you have worked for the same employer for more than 12 months, but not for an average of 10 hours per week, you may still be able to take parental leave under the six month criteria.
Six month criteria
You must have worked for the same employer for an average of at least 10 hours a week for the six months before your baby’s due date (or the date you become responsible for the care of a child under six years on a permanent basis).
Twelve month criteria
You must have worked for the same employer for an average of at least 10 hours a week for the 12 months before your baby’s due date (or the date you become responsible for the care of a child under six years on a permanent basis).
If you would normally have been at work for an hour (or hours) but were absent due to the reasons listed below, this time is still counted towards the 10 hour per week criteria:
- absent on leave with pay
- on leave without pay (other than parental leave) with the employer’s agreement
- pregnant and on primary carer leave prior to the expected date of delivery
- entitled to an ACC payment for that hour
- on volunteers leave
- absent for any other reason that doesn’t disrupt your normal pattern of employment, in the view of a Labour Inspector.
Usually, an employee's old employer counts as the ‘same employer’ if:
- a trade, business or undertaking is transferred (eg sold) from one employer to another
- a body corporate is changed or replaced because of legislation
- trustees take over the business after the employer’s death
- there’s a change in partners, personal representatives or trustees who employ the employee
- the employee is transferred to an 'associated employer' (eg a subsidiary).
- If you’re a junior doctor working for a district health board (DHB) and you’re required to rotate between different DHBs as part of your compulsory training, your employments with each employing DHB is treated as one employment for the purposes of determining whether you meet either the six or 12 month criteria for parental leave.
- If you’re a teacher employed by multiple boards of trustees during the eligibility period, your employments by each board of trustees is treated as one employment for the purposes of working out whether you meet either the six or 12 month criteria for parental leave. You will still need to meet the hours of work criteria.
Question 1
Are you giving birth to a child or going to be the primary carer of a child under 6 who you will have permanent responsibility for?
Question 2
Will you have worked as an employee for an average of at least 10 hours a week for any 26 weeks of the 52 weeks before your child arrives? (It doesn't have to be all for the same employer)
Question 3
Are you the partner of someone giving birth to a child or going to be the primary carer of a child under 6 who both of you will have permanent responsibility for?
Question 4
Have you worked as a self-employed person for at least an average of 10 hours per week over any 26 of the 52 weeks just before the due date for the arrival of the child?
Question 5
Will you have worked for the same employer for at least an average of 10 hours a week for the 52 weeks before your child arrives?
Question 6
Will you have worked for the same employer for at least an average of 10 hours a week for the 52 weeks before your child arrives?
Question 7
Will you have worked for the same employer for at least an average of 10 hours a week for the 26 weeks before your child arrives?
Answer
You are not entitled to take any parental leave or get parental leave payments.
Question 8
Do you have a spouse or partner (who will also be responsible for the child)?
Answer
You will be entitled to up to 18 weeks' parental leave payments if you are not working so you can care for your child.
Question 9
Do you have a spouse or partner (who will also be responsible for the child)?
Question 10
Will you have worked for the same employer for at least an average of 10 hours a week for the 26 weeks before your child arrives?
Answer
You are entitled to take up to 52 weeks of parental leave (18 weeks primary carer leave and a further 34 weeks' extended leave). You are entitled to up to 18 weeks' parental leave payments while you are not working so you can care for your child.
Question 11
Do you have a spouse or partner (who will also be responsible for the child)?
Answer
You are not entitled to take parental leave, but you could apply to your employer for negotiated carer leave. You are entitled to up to 18 weeks' parental leave payments while you are not working so you can care for your child.
Question 12
Do you have a spouse or partner (who will also be responsible for the child)?
Answer
You are entitled to take up to 26 weeks of parental leave (18 weeks primary carer leave and a further 8 weeks' extended leave). You are entitled to up to 18 weeks' parental leave payments while you are not working so you can care for your child.
Question 13
Do you have a spouse or partner (who will also be responsible for the child)?
Answer
You have no entitlement to parental leave or parental leave payments.
Question 15
Will your partner have worked for the same employer for at least an average of 10 hours a week for the 52 weeks before your child arrives?
Question 16
Will your partner have worked for the same employer for at least an average of 10 hours a week for the 26 weeks before your child arrives?
Question 17
Will your partner have worked for the same employer for at least an average of 10 hours a week for the 52 weeks before your child arrives?
Question 18
Will your partner have worked for the same employer for at least an average of 10 hours a week for the 26 weeks before your child arrives?
Answer
You are entitled to 2 weeks' partner's leave. Your partner is entitled to up to 52 weeks of extended leave (or 18 weeks' primary carer leave and a further 34 weeks' extended leave) and can share this with you. Your partner can get up to 18 weeks' parental leave payments while not working and caring for your child. Your partner could transfer some or all of the parental leave payments to you while you are not working.
Answer
You are entitled to 2 weeks' partner's leave. Your partner is entitled to up to 26 weeks' extended leave (or 18 weeks' primary carer leave and a further 8 weeks' extended leave). Your partner can share their leave with you and you are entitled to a further 26 weeks extended leave. Your partner can get up to 18 weeks' parental leave payments while not working and caring for your child. Your partner could transfer some or all of the parental leave payments to you while you are not working.
Question 21
Has your partner been employed as an employee or worked a self-employed person for at least an average of 10 hours per week over any 26 of the 52 weeks just before the due date for the arrival of the child?
Answer
You are entitled to 1 week's partner's leave. Your partner is entitled to up to 52 weeks' extended leave (or 18 weeks' primary carer leave and a further 34 weeks' extended leave). Your partner can share their leave with you (but the total amount you take can't be more than 26 weeks excluding your partner's leave). Your partner can get up to 18 weeks' parental leave payments while not working and caring for your child. Your partner could transfer some or all of the parental leave payments to you while you are not working.
Answer
You are entitled to 1 week's partner's leave. Your partner is entitled to up to 26 weeks' extended leave (or 18 weeks' primary carer leave and a further 8 weeks' extended leave). Your partner can share their leave with you but the total amount you take can't be more than 26 weeks (excluding your partner's leave). Your partner can get up to 18 weeks' parental leave payments while not working and caring for your child. Your partner could transfer some or all of the parental leave payments to you while you are not working.
Question 24
Has your partner been employed as an employee or worked as a self-employed person for at least an average of 10 hours per week over any 26 of the 52 weeks just before the due date for the arrival of the child?
Answer
You are entitled to 2 weeks' partner's leave. You are entitled to 52 weeks' extended leave. Your partner is eligible for up to 18 weeks' parental leave payments while not working and caring for your child. Your partner is not entitled to parental leave but they could apply to their employer for negotiated carer leave or take time off work if they are self-employed. Your partner could transfer some or all of the parental leave payments to you while you are not working.
Answer
You are entitled to 2 weeks' partner's leave. You are entitled to 52 weeks' extended leave. Neither you nor your partner are eligible for parental leave payments. Your partner is not entitled to parental leave.
Answer
You are entitled to 1 week's partner's leave. You are entitled to 26 weeks' extended leave. Your partner is eligible for up to 18 weeks' parental leave payments while not working and caring for your child. Your partner is not entitled to parental leave but they could apply to their employer for negotiated carer leave or take time off work if they are self-employed. Your partner could transfer some or all of the parental leave payments to you while you are not working.
Answer
You are entitled to 1 week's partner's leave. You are entitled to 26 weeks' extended leave. Neither you nor your partner are eligible for parental leave payments. Your partner is not entitled to parental leave.
Question 29
Will your partner have worked as an employee for at least an average of 10 hours a week for the 26 weeks before your child arrives?
Question 30
Will your partner have worked as a self-employed person for at least an average of 10 hours per week over any 26 of the 52 weeks just before the due date for the arrival of the child?
Question 31
Will your partner have worked for the same employer for at least an average of 10 hours a week for the 52 weeks before your child arrives?
Question 32
Will your partner have worked for the same employer for at least an average of 10 hours a week for the 26 weeks before your child arrives?
Answer
Your partner has no entitlements.
Answer
Your partner is not entitled to take parental leave. You could choose to transfer all or some of your parental leave payments to your partner, provided they are not working while receiving payments (eg take negotiated carer leave.)
Answer
Your partner is entitled to take 2 weeks' partner's leave. Your partner is entitled to take 52 weeks extended leave (but the total amount of leave both of you take added together can't be more than 52 weeks (not including partner's leave)). You could choose to transfer all or some of your parental leave payments to your partner, provided they are not working while receiving payments.
Answer
Your partner is entitled to take 1 week's partner's leave. Your partner is entitled to take 26 weeks extended leave. The total amount of leave both of you take added together can't be more than 52 weeks (not including partner's leave) if you are entitled to take 52 weeks, or otherwise 26 weeks. You could choose to transfer all or some of your parental leave payments to your partner, provided they are not working while receiving payments.
Answer
This has not affected your entitlement stated in the previous answer.
Tools and Resources
Parental leave and payment eligibility tool
Use our tool to determine if you or your partner are entitled to parental leave.
Parental leave and payment eligibility table - PDF 290KB
A summary of the paid and unpaid parental benefits available to eligible parents.