Applying for parental leave: A guide for NZ employers

1 May

When an employee plans to take parental leave, there are a few important steps — and deadlines — that both employers and employees need to follow. Clear communication and a consistent process help reduce stress and ensure everyone’s on the same page. Here's what you need to know.

Employee notification requirements

Employees must notify their employer in writing about their intention to take parental leave. The required notice period depends on the type of care arrangement:

For birth parents: Notification must be given at least 3 months before the expected due date.
For employees taking permanent care of a child under 6 (e.g., adoption): Notice must be given at least 14 days before the placement date.

Their written request should include:

The type of leave they are applying for (e.g. primary carer leave, partner’s leave, extended leave)
The intended start and end dates
Whether they intend to return to work after their leave
If they are the primary carer, whether they plan to transfer any entitlements to their partner

🔧 Tip for larger employers: Consider implementing a standardised parental leave form or using your HRIS to streamline requests and ensure consistency.

Employer response timeline

Once you receive a parental leave request, the law gives you 42 days to respond — broken into three stages:

Stage 1: 7 days to ask for any additional information you need

Stage 2: 14 days for the employee to provide that information

Stage 3: 21 days to provide a formal written response confirming:

Whether they are eligible for parental leave
Whether they will be able to return to the same position
Any applicable organisational policies or enhanced benefits

🔧 Best practice: Having a documented internal workflow helps ensure every employee gets timely and consistent communication. Employment NZ provides helpful guidance here.

Applying for government-paid parental leave

It’s important to note that employees must apply for paid parental leave through the IRD separately here — this doesn’t happen automatically through their employer.

The earliest an employee can apply is once they have official documentation confirming they’re expecting or assuming care of a child, such as:

A letter from a midwife or obstetrician
A court order for adoption or guardianship

The deadline to apply is the earlier of:

The child’s first birthday for birth parents or 12 months after becoming the primary carer of a child under six
Before the employee returns to work (except for Keeping in Touch hours).

Managing parental leave well starts with getting the basics right. Timely notification, clear documentation, and a consistent employer response make a big difference — especially during what can be an overwhelming time for employees. Getting it right helps build trust, smooth transitions, and reinforces a supportive workplace culture.

How Crayon can help

At Crayon, we specialise in helping New Zealand employers develop parental leave policies and processes that support both their business needs and the wellbeing of their team members

Book a free policy review to chat with us about optimising your return-to-work processes for all parents in your organisation.

Now for the important legal part: This article provides general information only and should not be relied upon as legal advice. For specific guidance related to your organisation's circumstances, please consult with a qualified employment law professional. The information in this article is current as at 11 April 2025.