The basics of parental leave
Confused about your entitlements when it comes to
paid parental leave? Here are some quick answers to your frequently
asked questions.
Who's entitled to parental leave?
Mums-to-be who have worked for the same employer for an average of
at least 10 hours a week, and at least one hour in every week or 40
hours in every month, in either the six of 12 months immediately
before your baby's expected due date.
How much leave can I take?
This depends on whether you've been an employee of the same
employer for six months prior to your baby's due date, or 12
months. If you've been working for six months, you are eligible to
10 days of special leave, and 14 weeks of paid parental leave. If
you've been working for 12 months, you are eligible for 10 days of
special leave, 14 weeks of paid parental leave, and 52 weeks of
unpaid extended leave (which includes the 14 weeks of paid parental
leave).
What are all these different types of
leave?
There are three types of leave. Special leave, to which you are
entitled to 10 days, can be taken before maternity leave commences,
for pregnancy-related reasons such as antenatal checks, medical
appointments, and antenatal classes. Special leave is unpaid, and
you don't need to take it in full days - meaning, if you have a
midwife appointment during working hours, you can take a few hours
of special leave to attend it (bearing in mind that it is unpaid
leave). Special leave does not replace your normal annual leave or
sick leave, and you don't need to accrue it as you do annual leave
- you are automatically entitled to it.
Paid parental leave, also called maternity leave, is for 14
continuous weeks, and may start up to six weeks prior to your due
date. If you plan to take paid parental leave, you must arrange
this with your employer at least three months prior to your due
date. In certain cases your paid parental leave can start earlier,
such as for medical reasons, or if you are unable to do your job
safely while pregnant. If your doctor or employer directs you to
start your maternity leave early, you have the right to take eight
weeks of leave after your due date, and your maternity leave will
be extended to allow that - so if you are placed on bedrest early
in your pregnancy, you will still be entitled to paid parental
leave up to eight weeks after your due date. There are special
rules for these cases, and you should contact the Department of
Labour for further details if you fall into this category.
Extended leave, or unpaid parental leave, is available if you've
been working for 12 months prior to your baby's due date. It can be
for up to 52 continuous weeks, less any paid parental leave taken
(so if you have taken 14 weeks of paid parental leave, you are
entitled to another 38 weeks of unpaid parental leave after this).
Some new mothers choose to take six months of parental leave, while
others take the full 52 weeks. It is up to you what you can afford
and handle.
How much will I get paid? ...And who pays for
it?
If you are eligible for 14 weeks of paid parental leave, you need
to first apply to your employer, then apply to Inland Revenue for
parental leave payments (the form and information about this are on
the Department of Labour's website at
www.ers.dol.govt.nz/parentalleave). While you are on paid parental
leave, you will receive either $458.82 per week (before tax) for 14
weeks, or your normal gross weekly rate of pay, whichever figure is
lower. Therefore, the maximum you will receive is $458.52 per week
before tax. Inland Revenue pays your leave payments, not your
employer.
How do I apply for leave?
You need to apply for leave in writing to your employer, and you
must submit this at least three months before your due date. You
need to write them a letter stating what type of leave you want to
take (paid parental leave plus unpaid leave if you desire) and you
need to tell them when you want your leave to start and how long it
will be for. You must also attach a certificate, or copy of a
certificate, from your LMC stating when your baby is due.
Once your employer receives your letter applying for leave, they
have seven days to ask for any required information which you may
not have previously given them. Once they have received all of the
information (which you must then provide within 14 days), they must
reply to you within 21 days, stating whether you are entitled to
take parental leave, your legal rights and obligations, and whether
your job can be kept open. If your employer says that your job
cannot be kept open for you, you are able to dispute that, and you
will also have preference for similar jobs for six months after the
end of your parental leave. It is very rare that an employer can
decline leave, and if you disagree with your employer's decision,
you can ask the Department of Labour to investigate the decision on
your behalf.
Once you and your employer have agreed on your leave arrangements,
you will need to apply to Inland Revenue for parental leave
payments. It's a good idea to fill out and submit this form at the
same time you submit your letter requesting leave to your
employer.
Do you need to know more?
Almost everything you need to know about paid parental leave is
available on the Department of Labour's Employment Relations
website at www.ers.dol.govt.nz/parentalleave. You can also ring the
Department of Labour on 0800 20 90 20 if you need answers to
questions that aren't covered by the website information, or you
just want a human being to explain things to you in language that
you can understand! Adoptive parents are also eligible for paid
parental leave, so check out the website for specific details.
There are also special rules for the self-employed, teachers, and
junior doctors, so again, check the website if this sounds like
you.
As seen in OHbaby!
magazine Issue 9: 2010
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