Maternity leave in New Zealand: 26 weeks, or 52 if you qualify

Leave first, payments second

New Zealand runs parental leave as an employment entitlement administered by Employment New Zealand, and parental leave payments as a separate government payment administered by Inland Revenue. This page is about the leave: how many weeks you can take, the service test that decides whether you get 26 or 52, and the rules that quietly end your entitlement. Our New Zealand maternity pay guide covers the payments.

Primary carer leave: up to 26 weeks

Employment New Zealand describes primary carer leave as the most common type of parental leave, letting employees take up to 26 weeks' leave from their jobs. The eligibility test is service plus hours: you must have worked for the same employer for at least an average of 10 hours a week in the six months just before the due date or before becoming the primary carer.

Primary carer leave must be taken in one continuous period. This is the rule that catches people out. If you return to work, you stop being eligible for primary carer leave, and you cannot pick up the unused remainder later.

When it can start

You can start primary carer leave up to six weeks before the due date if you want time off before your baby arrives. If you have to start earlier than that, Employment New Zealand's guidance is that in defined circumstances you will still be eligible to take at least 20 weeks of primary carer leave after the birth, which can mean taking more than 26 weeks in total. Any extra time gained that way does not count toward your extended leave entitlement.

If the baby comes very early

Where a baby is born before the end of 36 weeks' gestation, the employee may be able to get a preterm baby payment from Inland Revenue for up to 13 weeks, paid at the same rate as parental leave payments. Crucially, weeks covered by a preterm baby payment do not count as part of primary carer leave or extended leave. The clock on your 26 weeks starts when the preterm payments stop.

Extended leave: the 12-month test decides your ceiling

Extended leave is additional unpaid leave usually taken after primary carer leave ends, and it is where the two tiers of the New Zealand system show up.

If you are the primary carer and you have worked for your employer for 12 months or more for at least an average of 10 hours a week, you can take up to 52 weeks of extended leave minus the number of weeks of primary carer leave you take. Take the full 26 weeks of primary carer leave and you can take 26 weeks of extended leave on top. Take 20 weeks of primary carer leave and you can take 32 weeks of extended leave.

If you only meet the six-month test, at least an average of 10 hours a week for six months, your total is capped at 26 weeks, again minus the primary carer leave already taken. Take 10 weeks of primary carer leave and you can take 16 weeks of extended leave.

Sharing it with the other parent

Where two parents both meet the 12-month criterion, they share the total between them rather than each getting their own. Employment New Zealand's worked example has one parent taking 26 weeks of primary carer leave, leaving 26 weeks of extended leave for the couple to split. Where one parent meets the 12-month criterion and the other only the six-month criterion, the six-month parent cannot take more than 26 weeks of the couple's total.

There is a deadline on the six-month tier that is easy to miss: for employees who meet only the six-month criterion, extended leave must end by the date the child turns six months old, or the six-month anniversary of becoming the primary carer. Employment New Zealand notes that people in this position may need to talk to their employer about further time off in order to receive all 26 weeks of government-funded payments.

The other kinds of leave

Partner's leave gives an eligible employee up to two weeks of unpaid leave to support a spouse or partner who is pregnant or taking primary care of a child under six. Negotiated carer leave exists for employees who do not qualify for primary carer leave, typically because they have been with the employer less than six months; it is agreed with the employer rather than being an entitlement.

How the payments line up with the leave

Parental leave payments from Inland Revenue run for up to 26 weeks, and normally those 26 weeks match the 26 weeks of primary carer leave. Employment New Zealand is direct about the consequence: an employee will only receive parental leave payments during extended leave if they took less than 26 weeks of primary carer leave, so extended leave is usually unpaid. The weekly rate is set by Inland Revenue and is adjusted annually, so check the current figure with Inland Revenue rather than relying on a number you read last year.

Annual holidays can disqualify you

One trap is worth stating on its own. Employment New Zealand gives the example of an employee who books annual holidays running from mid-February to mid-March with a due date of 1 March. Because the annual holidays extend beyond the date of the child's birth, she is not able to take primary carer leave. If you are planning to use annual leave immediately before your baby arrives, check that it ends before the birth rather than straddling it.

What to do, and in what order

Work out which test you meet, six months or 12 months, because it sets your ceiling. Confirm the 10-hours-a-week average, including any variable rosters. Decide the split between primary carer leave and extended leave before you start, since returning to work ends primary carer leave permanently. Apply to Inland Revenue for parental leave payments separately. If your baby arrives before 36 weeks, ask Inland Revenue about the preterm baby payment before your primary carer leave starts running.