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This information is for parents who want to take parental leave, and are assuming care of a child under six years who they intend to adopt.
Which adoptive parents are eligible for parental leave?
For an adoptive parent to be eligible for parental leave from their employment, and to receive paid parental leave, they must meet the eligibility requirements as an employee or self-employed person and the adoption must be lawful in New Zealand. This means the adoption order must be made under the Adoption Act 1955 or have the same effect as an adoption order made under that Act.
It is important to note:
Customary adoptions, whaangai, and foster care: these are not eligible for parental leave or paid parental leave unless the parents also intend to legally adopt the child according to the Adoption Act 1955.
Overseas adoptions: Eligibility depends on which country you are adopting a child from, what the laws are in that country, and where the adoption will actually take place. To discuss the eligibility of an overseas adoption contact the Department of Labour on 0800 20 90 20.
Adoptive parents can choose which parent will be the primary carer. The nominated parent must meet the eligibility criteria either as an employee or a self-employed person to take parental leave. Once you have decided which parent will take parental leave, the nominated adoptive parent can apply for parental leave from their employment and apply for parental leave payments from Inland Revenue.
If you are an employee, information on the eligibility criteria can be found in the fact sheet Who can take parental leave?
If you are self-employed, information on eligibility criteria can be found in the fact sheet Which self-employed people can take parental leave?
Paid parental leave application forms are also available from the Department of Labour’s website www.ers.dol.govt.nz
Providing evidence of adoption
To apply for parental leave you will need to provide evidence that you are assuming the care of a child under six, and that you intend to legally adopt the child.
The evidence you need must be one of the following:
- a letter from a social worker saying you are keeping (or will be keeping) a child in your home with a view to lawful New Zealand adoption
- a certified copy of an interim order of a Court confirming the proposed adoption
- a copy of a statutory declaration saying you have assumed the care of a child you plan to adopt, either on your own, or jointly with your spouse or partner and that the proposed adoption will be lawful in New Zealand.
How and when to apply for parental leave
If you are an employee
You must write to your employer advising that you intend to take parental leave, and attach your evidence of adoption to the letter. Information on what to include in the letter is detailed on the fact sheet: How do I apply for parental leave and payments?
Once you and your employer have agreed on your leave arrangements you should apply for paid parental leave as soon as possible. Information on how to get the application forms and how to apply is contained in the fact sheet How do I apply for parental leave and payments?
Expectant parents are generally required to give their employer three months notice of their intention to take parental leave. However, the notice requirements for adoptive parents depend on the type of evidence of adoption you will provide.
- If you have a letter from a social worker: you must give your employer notice within 14 days of receiving notice that a child will be placed with you, and give your employer a copy of the social worker’s letter as your evidence of adoption.
- Where a Court has made an interim order: you must give your employer notice within 14 days of the court order being made, and give your employer a certified copy of the court order as your evidence of adoption.
- Where you provide a statutory declaration: you must give your employer notice within 14 days of making your statutory declaration, and give your employer a copy of the statutory declaration as your evidence of adoption.
You should follow this process unless your employment agreement says otherwise, or your employer tells you they don’t require written notice and evidence.
If you are self-employed
If you are self-employed, you must send your evidence of adoption together with your application for paid parental leave to Inland Revenue. Information on how to get the application forms and how to apply is detailed in the fact sheet How does a self-employed person apply for paid parental leave?
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