Redundancy during pregnancy or parental leave

What happens if I am made redundant during my pregnancy or parental leave?

Employers may not dismiss an employee for being pregnant or for applying for parental leave. There are special procedures if this happens. For more information see our factsheet: What should I do if I have a problem relating to my parental leave? The law does not prevent employees from being dismissed for legitimate reasons. However, any dismissal must be for a good reason and must be done fairly.

If a redundancy situation arises during pregnancy or parental leave, it can affect an employee’s rights.

If you are eligible for parental leave, have applied for paid parental leave and have started your leave (this would include any annual or statutory leave you may be entitled to) you will receive the full 14 weeks parental leave payment.

This entitlement is the same, whether you were aware of the redundancy at the time of seeking and starting leave, or it was announced and implemented after you started your leave.

Any rights to return to work or preferential re-employment end with the redundancy.

If you require assistance in calculating your final date of employment if you have been made redundant or in dealing with the redundancy situation you can visit our FAQ Knowledgebase, or you can contact the Department of Labour on 0800 20 90 20 during normal business hours for more information.

This page was last updated on: 12-Oct-2009 and is current.

Further information & guidance

We welcome the opportunity to help you further. If you can't find an answer to your question, or you want further clarification, more detailed information or guidance on any matter covered here, please contact us. We value your query and will respond to you as quickly as possible.

Call us free on 0800 20 90 20 or visit our website at www.ers.dol.govt.nz.

The content of this document covers common problems. It will not answer every question and should not be used as a substitute for legislation or legal advice.

The Department of Labour takes no responsibility for the results of any actions taken on the basis of information on this website, or for any errors or omissions.