Parental Leave and Employment Protection Act 1987
Parental leave in New Zealand — 2026 entitlements guide
NZ employees who have worked for their employer for at least 6 months are entitled to paid parental leave. Here are the key entitlements and employer obligations.
📋 Parental Leave and Employment Protection Act 1987 — current entitlements 2026
Primary carer leave
Up to 26 weeks of paid parental leave
The primary carer of a new child is entitled to up to 26 weeks of paid parental leave from the government (via IRD) if they have worked for their employer for at least 6 months averaging at least 10 hours per week.
In addition, employees who have worked for 12+ months averaging 10+ hours per week are entitled to up to 52 weeks of unpaid leave (which includes the 26 paid weeks).
The maximum paid parental leave payment rate is set by the government and reviewed annually. Check current rates at ird.govt.nz.
Who is the "primary carer"?
The person taking primary responsibility for the child's care
The primary carer can be the biological mother, a partner who takes primary responsibility, an adoptive parent, or a whāngai (informal adoption). Either parent can be the primary carer — it is not limited to mothers.
Partner/paternity leave
Up to 2 weeks
A partner of the primary carer is entitled to 2 weeks of partner/paternity leave if they have worked for their employer for at least 6 months. This leave is unpaid by default, but if the employee also qualifies for parental leave as a primary carer (for example, in a same-sex couple), they may access paid leave.
Keeping in touch (KIT) days
Up to 64 hours of work during parental leave
During parental leave, an employee can work for their employer for up to 64 hours in total (keeping in touch days) without it affecting their parental leave entitlement. These days must be agreed by both employer and employee — the employer cannot require them, and the employee cannot demand them. The employee is paid for KIT days.
Employer obligations
- Must keep the employee's position open for the period of parental leave
- If the role is genuinely redundant during leave, must offer a reasonably comparable role
- Cannot disadvantage an employee for taking parental leave
- Must respond to the employee's parental leave notice within 21 days
- Must notify IRD and process the paid parental leave application
- Cannot ask an employee to resign or reduce their hours as a condition of returning
Return to work
Employee must return to the same or substantially similar role
On return from parental leave, the employee is entitled to return to their former position. If that position no longer exists (genuine redundancy), the employer must offer a reasonably comparable alternative. Failure to reinstate can result in a personal grievance.
Source: Parental Leave and Employment Protection Act 1987. IRD paid parental leave:
ird.govt.nz. Employment NZ:
employment.govt.nz. This is general information, not legal advice.
Frequently asked questions
Can both parents take paid parental leave at the same time?
No — only one person can be the primary carer at a time. However, the primary carer can transfer some of their paid parental leave entitlement to their partner.
What if an employee doesn't return from parental leave?
An employee who does not return forfeits any remaining entitlement to parental leave in the future from that employer. However, the employer cannot force them to repay paid parental leave already received — that comes from IRD and is not subject to recovery.
Does parental leave apply to self-employed people?
Yes. Self-employed people can qualify for government-paid parental leave through IRD if they have been self-employed for at least 6 months averaging 10+ hours per week. The entitlement works similarly but the employer obligations don't apply.
Can we require an employee to take annual leave during parental leave?
No. Annual leave and parental leave are separate entitlements. You cannot require an employee to use their annual leave during their parental leave.