How parental leave entitlements can be used in New Zealand
Parental leave entitlements in New Zealand can be complex — but they’re also flexible when you understand the options. Whether you’re a parent planning time at home or an employer supporting someone through this transition, it’s important to understand how the various forms of leave can be used.
For a comprehensive overview of the available entitlements and their eligibility criteria, we have separate guides for parents and employers.
Primary carer leave
Primary carer leave allows an eligible employee to take up to 26 weeks off work to care for a child.
Maximum duration: 26 weeks
Qualifying criteria: Employees who have worked for the same employer for at least 6 months for an average of at least 10 hours a week before the expected due date or placement date.
How it can be used: Must be taken in one continuous block
When it starts:
If giving birth: On the due date or the date labour begins, whichever comes first
If adopting or taking permanent responsibility: On the date the employee becomes the primary carer
Primary carer can elect to start up primary carer leave up to six weeks earlier, and even earlier in special cases:
Medical advice to stop work early (e.g. high-risk pregnancy)
Premature birth
The job is unsafe or unsuitable due to pregnancy, and no alternative can be found
If both the employee and employer agree
Employees can request to use paid leave, such as annual leave or time off in lieu, before starting their primary carer leave.
When it ends:
Primary carer leave ends at the earliest of:
26 weeks after it starts
When the employee returns to work
When it is transferred to the employee’s partner
If a medical professional requires the employee to start early (e.g. 10 weeks before the due date), the employee is still entitled to at least 20 weeks after their due date. This means their total leave could exceed 26 weeks, and this extra time won’t reduce their extended leave. You can read more here.
Extended leave
Extended leave can follow primary carer leave, providing eligible employees with additional time off.
Maximum duration: 52 weeks (which includes any primary carer leave the employee takes)
Qualifying criteria: Employees who have worked for the same employer for an average of at least 10 hours a week before the expected due date or placement date:
For at least 6 months: qualify for 6 months of extended leave
For at least 12 months: qualify for 12 months of extended leave
How it can be used: Parents can share their entitlements
Both parents qualify for 12 months of extended leave: They can share up to 52 weeks in total
One parent qualifies for 12 months of extended leave and the other parent qualifies for 6 months: They can share up to 52 weeks, but the parent who only qualifies for 6 months can take a maximum of 26 weeks.
Both parents qualify for only 6 months of extended leave: They can share up to 26 weeks in total.
Parents can take extended leave at the same time or one after the other.
Some parents return to work after their primary carer leave or partner’s leave ends, then later take a block of extended leave, if agreed upon with the employer.
When it starts:
After primary carer leave ends
After partner’s leave ends
Immediately upon birth or placement, if the employee chooses not to take primary carer or partner’s leave
On any date agreed between the employee and the employer
When it ends:
If either parent qualifies for 12 months of extended leave: the child’s first birthday if they gave birth, or 12 months after becoming a primary carer
If one parent only qualifies for 6 months of extended leave and the other parent is not eligible for 12 months of extended leave: the child’s 6-month birthday if they gave birth, or 6 months after becoming a primary carer
Partner’s leave
Partner’s leave is a separate entitlement that can be taken around the time of birth or taking on care of a child.
Maximum duration: 2 weeks (note: partner’s leave is not deducted from primary carer or extended leave entitlements).
Qualifying criteria: Employees who have worked for the same employer for an average of at least 10 hours a week before the expected due date or placement date:
For at least 6 months: 1 week of partner’s leave
For at least 12 months: 2 weeks of partner’s leave
How it can be used: Must be taken in one continuous block
When it starts: Up to 21 days before the due date or placement date
When it ends: Employees must finish partner’s leave no later than 21 days after the birth date or placement date (unless the employee’s baby is in the hospital, in which case leave ends on the day of discharge).
Negotiated carer leave
An employee is eligible for negotiated carer leave if:
They’re going to be the primary carer of a child,
They meet the criteria to receive parental leave payments, and
They do not meet the 6-month criterion (detailed above) for primary carer leave.
As the leave is negotiated between the employee and employer, they agree on the duration, start date and end date of the leave.
See more guides
Your rights and responsibilities for parental leave: Parents and Employers
Applying for parental leave: A guide for NZ employers and parents
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.
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Now for the important legal part: This guide was last updated on 3 June 2025. While we strive to provide accurate information, parental leave legislation may change. Consult with an employment law specialist for specific advice related to your organisation.
Stephanie Pow
Founder & CEO of Crayon
