Maternity Leave NZ: A Employer's Guide to Supporting Returning Parents

As a new parent, the arrival of a baby is an exciting and joyful moment, but it can also bring a lot of uncertainty and stress. 

For employees in New Zealand, this transition can be particularly daunting, especially for mothers who are juggling the responsibilities of work and parenting.

Fortunately, the New Zealand government recognises the importance of maternity leave and has established laws and regulations to protect the rights of new mothers and their families.

However, many employers may not be aware of their obligations or may not fully understand the requirements.

So, in this blog, we will discuss the legal requirements for maternity leave in New Zealand and provide guidance for employers to ensure they meet their obligations to their employees.

The purpose of maternity leave is to support the physical and emotional well-being of both the mother and child during this critical time. 

In many countries, including New Zealand, employers are required by law to provide maternity leave to their employees to ensure that new mothers have the necessary time to bond with their babies and adjust to the demands of parenthood. 

Most countries allow employees on maternity leave to receive parental leave payments.

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However, since the inception of the Act, it has evolved to factor in different types of parenthood beyond the one experienced by a biological mother and father in a monogamous relationship. 

As a result, it now defines this maternal leave as parental leave and extends the leave to primary carers who have permanent primary responsibility for a child - so not just the mother. 

The Act recognises that families come in many different forms and that both parents play an important role in caring for their children. This means that fathers, same-sex partners, and other family members can also take parental leave to care for a child. 

So, the primary carer may be a biological parent, but it could also include those who are about to adopt a child under the age of six, begin a whāngai arrangement, or have a child through a surrogate.

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For more on how each of how the Act defines each of the above types of leave, check out our guide to helping you navigate the parental leave system. 

It’s also worth mentioning that both the permanent primary carer and their partner are eligible; they can split the leave between them.

For example, one parent may choose to take the first three months of parental leave while the other parent takes the latter three months.

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Firstly, they must provide you with at least 14 days written notice of their intention to take parental leave.

Additionally, if the employee or their partner is giving birth, they must provide a confirmation letter from a doctor or midwife that includes the expected date of arrival.

Once the employee has given you written notice of their intention to take paid parental leave, you have seven days to request any further information. 

But the doctor's letter should be sufficient information for you to approve the leave.

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However, if an employee takes more than four weeks of parental leave, you may decide not to hold their job open because it’s a key position or a redundancy situation. 

If this is the case, you must provide them with a 26-week preference'. During this preference period, if you choose to recruit for a similar role, you must offer it to the employee before anyone else.

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• Employers don't provide the parental leave payments; the Inland Revenue does.
• The primary carer can work while they’re on leave through "keeping in touch days", allowing them to work limited hours (64 in total) during their leave period. In additional to their parental leave payment from the government, you must pay them at their usual rate for the keeping in touch hours
• Staff continue to accrue annual leave while they’re on leave.

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