Everyone
Negotiated carer leave
Negotiated carer leave is leave that employees can negotiate and agree with their employer if they do not qualify for primary carer leave.
When employees may be eligible
An employee may be eligible for negotiated carer leave if:
- they’re going to be the primary carer of a child
- they do not qualify for primary carer leave
- they qualify for parental leave payments.
Unlike other types of parental leave, their employer can say no to a request for negotiated carer leave for limited reasons.
Employees usually take negotiated carer leave when they are not eligible for primary carer leave, either because they have recently changed employers or do not meet the hours requirements.
Examples of how negotiated carer leave can help
Jacky is a full-time permanent employee but has changed jobs in the last 5 months so has not worked for the same employer for the last 6 months. This means that Jacky:
- does not meet the criteria for taking parental leave
- qualifies for parental leave payments because the work requirements for payments are different. This means Jacky can combine the time she worked for her old employer with the time she has worked for her current employer. However, Jacky will only be able to get parental leave payments if she is the primary carer of the child and can take negotiated carer leave or resigns. This is because she can only get parental leave payments while she’s not working.
Shayne has worked part-time for 2 different employers for the last 3 years. He works 1 day a week for 8 hours (although the day worked varies) as a permanent employee.
Shayne’s other job is casual, working when there is work available, which fits in with Shayne’s other job and commitments. This means that some weeks Shayne does not do any casual work but in other weeks he works 1 or 2 eight-hour shifts. Shayne:
- does not qualify for parental leave from the permanent job because 8 hours per week does not meet the criterion of an average of 10 hours per week with the same employer
- qualifies for parental leave payments because Shayne’s total hours of work from both employers for each week in the last 52 weeks add up to an average of 10 hours per week for at least 26 of these weeks.
Shayne must be the primary carer of the child and will need to get negotiated carer leave (from the permanent job) or resign to be able to get parental leave payments.
Requesting negotiated carer leave
If an employee wants to take negotiated carer leave, they must ask their employer for it in writing:
- at least 3 months before their baby’s due date, if they or their spouse or partner are pregnant
- 14 days before they’re due to become the primary carer of a child under the age of 6 years.
In their written request they must:
- include their name and the date they are making the request
- specify when they want the leave to start and how long they want it to last
- include a statement that they will be the primary carer for the child during the time they are requesting leave
- include a statement saying that if their request is approved, they will be eligible to receive parental leave payments
- explain any changes they think might be needed for their employer's work arrangements if their request is approved, for example, hiring cover or giving tasks to other employees.
Their employer must let them know if they agree to them taking negotiated care leave within 1 month of their request. The employer can say no if:
- they cannot reorganise the employee’s work by giving it to colleagues or recruiting extra employees
- the employee’s absence from work would reduce quality, performance or ability to meet customer demand
- they’re planning to make changes like restructuring the team.
If they say no, they must give a written explanation saying why.
If an employee needs help to resolve an issue about negotiated carer leave with their employer, they can ask the Labour Inspectorate to help them. If they think their employer has not followed the required process, they can apply to the Employment Relations Authority.
When employees can start negotiated carer leave
If an employee is taking negotiated carer leave, they will need to work out with their employer when they can take it. If they’re:
- pregnant, their leave will usually start on their baby’s due date or the day the baby is born, whichever comes first
- taking responsibility for the care of a child under the age of 6 years, their leave will normally start on the date they become the child’s permanent carer.
They can start negotiated carer leave earlier if they want to take time off before their child arrives as long as their employer agrees. If they have any paid leave they can take, like annual holidays or time off in lieu, they can talk to their employer about using that first.
When an employee’s negotiated carer leave ends
Negotiated carer leave will end on the date agreed by the employee and their employer. This will usually be up to 26 weeks after the date they started the leave to match the period they are receiving parental leave payments from Inland Revenue.
It is good practice for the employee to let their employer know a few weeks before they are due to return to work.
What happens while on parental leave and your return
Getting parental leave payments
An employee can get a parental leave payment for up to 26 weeks if they’re taking negotiated carer leave and they meet the payment threshold criteria.
Parental Leave and Payment Eligibility table [PDF, 1013 KB]
Parental leave is separate to parental leave payments
Parental leave and parental leave payments are separate entitlements with different requirements and processes.
Parental leave is time off work to look after a new baby or child and is managed by employers.
Parental leave payments are funded by the government and paid by Inland Revenue. Employees need to apply to Inland Revenue for payments.