Parental Leave

Employees’ minimum parental leave entitlements are set out in the Parental Leave and Employment Protection Act 1987open_in_new (the Act) and will be referenced in the leave (or holidays) section of their collective agreement.

There are four types of parental leave under the Act:

Primary carer leave

The primary careropen_in_new can take up to 26 weeks of paid leave from work from around the time of birth of a child or when they start caring for an adopted child.

Extended leave

After completing their primary carer leave, the primary carer can take an additional period of unpaid leave (of up to 52 weeks, depending on how much primary career leave is taken).

Partner’s leave

The partner of the biological mother who gives birth (or the partner of someone who they are adopting a child with) can take up to two weeks of unpaid leave.

Special leave

While an employee is pregnant, they can take up to 10 days’ unpaid pregnancy-related leave.

Note: An employee’s position is protected while taking any type of parental leave.

Who is eligible for parental leave?

In general, employees need to have worked for you for at least six months before they are eligible for parental leave.

The exception is teaching staff, who can work for any state or state-integrated school for six months and be eligible for parental leave (see s 2AC of the Actopen_in_new). Additionally, clause 4.5.3(d) of the Primary Teachers’ Collective Agreementopen_in_new allows an employee covered by that collective agreement who has worked less than six months in any school to take (at least) 26 weeks unpaid leave.

Ultimately, you factor in work done at other schools, not just your school, for teachers (and principals).

What additional entitlements do teachers, speech language therapists, and principals have?

Teachers, speech language therapists, and principals are entitled to some additional parental leave above that provided by the Act.

These are set out in their respective Collective Agreements:

• Clause 4.5 of the Primary Teachers’ Collective Agreementopen_in_new

• Clause 6.3 of the Secondary Teachers’ Collective Agreementopen_in_new

• Clause 5.3 of the Area School Teachers’ Collective Agreementopen_in_new

• Clause 7.8 of the Primary Principals’ (NZEI Te Riu Roa) Collective Agreementopen_in_new

• Clause 7.8 of the Primary Principals’ (PPCBU) Collective Agreementopen_in_new

• Clause 5.3 of the Secondary Principals’ Collective Agreementopen_in_new

• Clause 5.8 of the Area School Principals’ Collective Agreementopen_in_new 

Most notably, the amount of primary career leave taken does not reduce these employees’ entitlement to extended leave. This differs from the Act (and the approach for all other school employees).

It is also important to note that section 6 of the Act’s requirement for a return to work of at least six months before taking a subsequent period of parental leave does not apply to those covered by the above collective agreements.

If you have any further questions, please contact our Advisory and Support Centre.

How should you respond to a request?

An employee must make their request in writing.

What the employee needs to contain in their letter is explained by Employment New Zealand on their page: Requesting parental leaveopen_in_new.

Once received, you need to respond in writing within 21 days. The letter confirms details of their leave and lists what their entitlements are. Use the appropriate letter for the employee below:

• Primary Teachers, Primary Principals and Speech Language Therapistsopen_in_new

• Secondary and Area School Teachers and Principalsopen_in_new

• All other staffopen_in_new

You should also provide the employee with this information sheet: Notice for employees on government-funded parental leave payments (paid parental leave).open_in_new

This information sheetopen_in_new should also be provided to the employee. The employee then applies for paid parental leave by completing the IR880 Paid Parental Leave Applicationopen_in_new form.

Once they have completed their part of the form, you will need to complete the employer section.

If you need help filling in the employer section, contact the EdPay Service Centreopen_in_new.

Following this, you can then decide how to cover their absence.

Parental leave can be covered by a relieving employee on a fixed-term employment agreement. Use one of our fixed term letters of offer.

Section 38 letter

Section 38 of the Actopen_in_new requires schools to, within 21 days of the employee going on leave, communicate with the employee and state in writing:

• When the employee’s leave is scheduled to end, and

• When they are required to return to work, and

• Their right to end their leave early in certain situations.

You can use the applicable template letter below to do this: 

• All staff (except Secondary and Area School Teachers and Principals)open_in_new

• Secondary and Area School Teachers and Principalsopen_in_new

It also confirms the notice period required of the employee to let your school know when/if they are returning from parental leave.

Who can apply for a parental grant?

Teachers, speech language therapists and principals who are the primary carer of a child they have birthed or adopted can also apply for a parental grant.

An eligible employee can only get the grant If they have been approved for parental leave or have resigned because of pregnancy or adoption.

Your school applies for the employee grant through EdPayopen_in_new.

The below collective agreement parental leave clauses contain the details of the parental grants:

• Clause 4.5.4 of the Primary Teachers’ Collective Agreementopen_in_new

• Clause 6.3.2 of the Secondary Teachers’ Collective Agreementopen_in_new

• Clause 5.3.2 of the Area School Teachers’ Collective Agreementopen_in_new

• Clause 7.8.4 of the Primary Principals’ (NZEI Te Riu Roa) Collective Agreementopen_in_new

• Clause 7.8.4 of the Primary Principals’ (PPCBU) Collective Agreementopen_in_new

• Clause 5.3.2 of the Secondary Principals’ Collective Agreementopen_in_new

• Clause 5.8.2 of the  Area School Principals’ Collective Agreementopen_in_new

Who is entitled to a parental payment?

Administration Support Staff, Librarian and Library Assistants, Science Technicians, Kaiārahi i te Reo, Music Therapist, Occupational Therapists and Physiotherapists who are the primary carer of a child they have birthed or adopted and return to work before, or at, the expiration of their parental leave and then work six months are entitled to a payment equivalent to 6 weeks’ pay, at the rate applying for the six weeks immediately prior to the commencement of parental leave.

Your school applies for the employee grant through EdPayopen_in_new.

The payment is detailed in:

• Clauses 3B.8 (Administration Support Staff), 3C.8 (Librarian and Library Assistants) and 3D.8 (Science Technicians) of the Support Staff in Schools Collective Agreementopen_in_new.

• Clause 6.8 of the Kaiārahi i te Reo and Therapists’ Collective Agreementopen_in_new.

Templates, resources, and references

Click on the link(s) below to access this topic’s templates, resources, and references.

Depending on your device, these may download or open in a separate browser.

Links from us

• Approval letter – Primary Teachers, Primary Principals and Speech Language Therapistsopen_in_new

• Approval letter – Secondary and Area School Teachers and Principalsopen_in_new

• Approval letter – All other staffopen_in_new

• Section 38 letter – All staff (except Secondary and Area School Teachers and Principals)open_in_new

• Section 38 letter – Secondary and Area School Teachers and Principalsopen_in_new

• Fixed term letters of offer and notices

Ministry of Education

• People and Employmentopen_in_new

Employment New Zealand

• Parental Leaveopen_in_new

• Requesting parental leaveopen_in_new

• Leave types and entitlementsopen_in_new

• How to take parental leaveopen_in_new

• Notice for employees on government-funded parental leave payments (paid parental leave).open_in_new 

Inland Revenue Department

• Paid Parental Leave Applicationopen_in_new

Parental Leave and Employment Protection Act 1989

• Part 3 – Extended leaveopen_in_new

• Section 2AC – Multiple employment of teachersopen_in_new

• Section 36 – Obligation to notify employeeopen_in_new

• Section 38 – Employer’s notice in relation to return to work and preference for appointmentopen_in_new

• Section 71T – Obligation of employer to notify employee of payment entitlementsopen_in_new

Collective Agreements

• Primary Teachers’ Collective Agreementopen_in_new

  • Clause 4.5 – Parental Leave

  • Clause 4.5.3(d)

  • Clause 4.5.4 

• open_in_new

  Secondary Teachers’ Collective Agreementopen_in_new

  • Clause 6.3 – Parental Provisions

  • Clause 6.3.2

• open_in_new

  Area School Teachers’ Collective Agreementopen_in_new

  • Clause 5.3 – Parental Provision

  • Clause 5.3.2 

• Primary Principals’ (NZEI Te Riu Roa) Collective Agreementopen_in_new

  • Clause 7.8 – Parental Leave

  • Clause 7.8.4

• Primary Principals’ (PPCBU) Collective Agreementopen_in_new

  • Clause 7.8 – Parental Leave

  • Clause 7.8.4 

• Secondary Principals’ Collective Agreementopen_in_new

  • Clause 5.3 – Parental Provisions

  • Clause 5.3.2

• Area School Principals’ Collective Agreementopen_in_new

  • Clause 5.8 – Parental Provisions

  • Clause 5.8.2 

• Support Staff in Schools Collective Agreementopen_in_new

  • Clause 3B.8 – Parental payment

  • Clause 3C.8 – Parental payment

  • Clause 3D.8 – Parental payment 

• Kaiārahi i te Reo and Therapists’ Collective Agreementopen_in_new

  • Clause 6.8 – Parental payment (Kaiārahi i te Reo and Therapists)