Can dads take paid parental leave if their partner is a stay-at-home mum?
If you're a working dad in New Zealand and your partner is a stay-at-home mum, you might be wondering whether you can claim government-paid parental leave for your next child.
The quick answer: In most cases, no. If your partner doesn't meet the government's work requirements, you won't qualify for government-paid parental leave. However, your employer may offer their own parental leave benefits with different rules.
Understanding New Zealand's paid parental leave scheme
New Zealand's government-paid parental leave system is built around the concept of a "primary carer." This isn't just about who will be doing the day-to-day caregiving – it's a legal definition that determines who can access government payments.
Who qualifies as a Primary Carer?
Under New Zealand law, a primary carer is defined as one of the following:
The birth parent,
The spouse or partner of the birth parent, but only if:
The birth parent is eligible for government-paid parental leave, and
The birth parent transfers some or all of their entitlement to their partner
A person who takes permanent primary responsibility for a child under the age of six, such as through adoption (couples must nominate one person as the primary carer)
The key point: only one person can be the primary carer at a time for government payments.
The critical work test requirement
To qualify for government-paid parental leave, the birth parent must pass the "work test," which requires:
Working an average of at least 10 hours per week
For any 26 of the 52 weeks immediately before your child's expected due date
As either an employee or a self-employed person
While caring for children certainly feels like a full-time job (and then some), it doesn't count as paid work under this test.
Why this affects working dads
If your partner is a stay-at-home mum who doesn't meet the work test, she won't qualify for government-paid parental leave. Without that qualification, she has no entitlement to transfer to you.
The result: You can't access government-paid parental leave payments, even though you're the working parent. You may be entitled to unpaid leave, which we detail here.
This system can feel unfair to many families, but it reflects the scheme's original design to replace lost income for working parents.
If you're planning more children, consider supporting your partner to build work history to qualify for paid parental leave before the next pregnancy, which could mean part-time or casual work options or self-employment opportunities.
Your employer may offer better options
More New Zealand employers are recognising that modern fathers want to be primary carers and are creating policies that can include:
Employer-paid primary carer leave with a broader definition of ‘primary carer’ than the government scheme
Policies that allow fathers to be primary carers when mothers return to work
Additional partner leave entitlements beyond the government minimums
Flexible arrangements that work for families with young children
👉 Check out the New Zealand Parental Leave Register for over 330 policies.
For further enquiries
While we work to keep our information current, the last word lies with the relevant government agencies:
Contact Inland Revenue (IRD) about government-paid parental leave, including payment eligibility, application processes and transferring payments.
For everything else related to parental leave entitlements, contact the Ministry of Business, Innovation and Employment (MBIE) through Employment New Zealand.
Now for the important legal part: The information we provide is general and not regulated financial advice for the purposes of the Financial Markets Conduct Act 2013. Please seek independent legal, financial, tax or other advice in considering whether the content in this article is appropriate for your goals, situation or needs. The information in this article is current as at 11 Jul 2025.
Stephanie Pow
Founder and CEO, Crayon