Annual + Maternity Leave

Hi Ladies,

I'm trying to organise my leave from work and have come across some issues. I have 4 weeks annual leave owing and so planned to use this up before starting PPL through IRD. I'm leaving work at 38weeks so would have 2 weeks annual leave before bubs was born, and 2 weeks after bubs was born. PPL would then kick in when bubs was 2 weeks old.

BUT, work has said that as soon as the baby is born it is counted as maternity leave and I can't use my annual leave. This means I won't be able to use the last 2 weeks of my annual leave and when I return after a year off it will be worth nothing! That seems incredibly unfair.

Is this correct? Are they right or can I use my annual leave even after bubs is born?

I will ring the department of labour on Monday to find out, but it's really annoying me and I'd love to know if any of you have the answer now so I don't have to wait til Monday!

Thanks!!!

No idea sorry but I know that you can apply for your maternity leave after you have started it and they backdate it to the date that you put. All I know is that you have to give your work three months written notice that you will be finishing work and that they are to write down what day you are taking your maternity leave from not what day you start your actual leave (you may leave at 36weeks and take 4weeks holiday pay etc then your maternity leave starts after that.

My work just paid out my annual about 2 1/2 mths before I was due as I wasn't working as only on a casual contract and they didn't need me. Still qualified for ppl too which was a bonus

While on PPL or maternity leave you will not be entitled to earn any leave as you actually won't be working, much like if you take leave anyother time whether it be annual or leave without pay. Don't know if that helps at all?

I had a similar issue - I wanted to take 4 weeks AL starting at 38 weeks but I rang DOL and they advised that the PPL (Paid Parental Leave) kicks in on the day you leave work or the day your baby is born whichever comes later. They also said (and I'm not sure if this is correct) that I couldn't get paid PPL and wages from AL at the same time because effectively I would still be an employee. So I ended up having to take 2 weeks AL, then 14 weeks PPL and have taken 4 weeks AL when the PPL finishes (so I get a months pay). And then the unpaid Maternity Leave will start.

I took my annual leave before my PPL kicked in, I just put the date my annual leave finished on my PPL papers and PPL started from that date.

Seems a tad strange that they think bubs being born = maternity leave .. how do you know bubs is going to be on time anyway? It could be two weeks late, so you would be entitled to those four weeks annual leave according to their logic.

That sounds wierd - I was on annual leave when Tane was born and I still got my PPL as well. I just put the start date of my PPL as the date that my AL ran out - I thought you could start PPL up to 6 weeks after baby was born?

that really doesnt sound right. on my forms i said i was taking 2 weeks AL and then put the starting date for PPL/maternity leave after that 2 weeks. Dani came 4 weeks early and I still got my 2 weeks AL paid and then the PPL started. I had filled in my forms well in advance and had received the OK letter from IRD stateing the dates. I never notified them that Dani came early and I cant imagine they would be bothered to check to be honest.

Unfortunately your work is right.

I called the DOL when I was sorting out my PPL and they confirmed it. Apparently you HAVE to be on PPL from the date that the baby is born, rather than on AL.

I got around it because the HR dept at my work are awesome and thought that the rule was ridiculous - so they let me use up my 2 weeks of AL before the PPL - but technically they shouldn't have done it.

I'm not sure whether this is right or not... but work and DOL have told me it's okay to take annual leave first then the PPL. I finish work on Friday and am on 5 weeks annual leave (due August 18) and so won't be starting my PPL until a few weeks after his due date. I've received the letter back from IRD confirming payments start October so there doesn't seem a problem.

My understanding (and I could be really wrong) is that you can't receive annual leave and paid parental leave at the same time but as long as you're not doing that you're okay.

Thanks guys for all your responses - I'm still as confused as ever so will call the DOL tomorrow morning and let you know what they say! Will be interesting for sure!

I took PPL and then I took 1 week of annual leave before coming back to work (that was after 6 weeks of leave without pay) so couldn't you just do that? So technically I was back at work 1 week before I was actually back, but using annual leave for that week. If you take the annual leave AFTER PPL then it shouldn't be a problem??