Summary of paid and unpaid leave entitlements

This table provides a summary of the paid and unpaid leave entitlements available to eligible parents who choose to share any of their paid parental leave or extended leave. There are different entitlements available to parents depending on whether they meet the six or 12 month eligibility criteria.

Mother in employment meets the minimum hours test (see 1 below) for the immediately preceding
12 months

Mother in employment
meets the minimum hours test (see 1 below) for the immediately preceding six months

Mother meets the self-employed minimum hours test (see 2 below) for the immediately preceding six or 12 months

Mother has worked for less than six months or does not meet either the minimum hours test (see 1 below) or the self-employed test (see 2 below) for the preceding six or 12 months

Father/partner in employment meets the minimum hours test (see 1 below) for the immediately preceding 12 months

Mother entitled to:
- 10 days special leave; and
- 14 weeks paid parental leave; and
- 52 weeks unpaid extended leave (including the 14 weeks of paid parental leave).

Mother can transfer up to 14 weeks paid parental leave to father/partner.

Father/partner entitled to share remaining unpaid leave up to a total of 52 weeks (including
14 weeks paid parental leave).

Father/partner entitled to two weeks additional unpaid paternity leave.

Mother entitled to:
- 10 days special leave; and
- 14 weeks paid parental leave.

No entitlement to 52 weeks extended leave.

Mother can transfer up to 14 weeks paid parental leave to father/partner.

Father/partner has:
- An existing entitlement of up to 52 weeks unpaid leave (minus any maternity leave taken); and
- Two weeks unpaid paternity leave.

Mother entitled to 14 weeks paid parental leave.

No entitlement to 52 weeks extended leave, but can take as much time from self-employment as needed.

Mother can transfer up to 14 weeks paid parental leave to father/partner.

Father/partner has:
- An existing entitlement to take up to 52 weeks extended leave; and
- Two weeks unpaid paternity leave.

No leave available to mother.

Father/partner has no entitlement to 14 weeks paid parental leave.
However, father has:
- An existing entitlement to 52 weeks unpaid leave; and
- Two weeks unpaid paternity leave.

Father/partner in employment meets the minimum hours test (see 1 below) for the immediately preceding six months

Mother entitled to:
- 10 days special leave; and
- 14 weeks paid parental leave; and
- 52 weeks unpaid extended leave (including the 14 weeks of paid parental leave).

Mother can transfer up to 14 weeks paid parental leave to father/ partner. Partners’/paternity leave may be extended to equal the period of paid leave transferred.

Mother entitled to:
- 10 days special leave; and
- 14 weeks paid parental leave.

No entitlement to 52 weeks extended leave.

Mother can transfer up to 14 weeks paid parental leave to father/partner.
But total amount of leave available to both is 14 weeks, including one week partners’/paternity leave available to father/ partner.

Mother entitled to 14 weeks paid parental leave.

No entitlement to 52 weeks extended leave, but can take as much time from self-employment as needed.

Mother can transfer up to 14 weeks paid parental leave to father/partner. Partners’/paternity leave may be extended to equal the period of paid leave transferred.

No leave available to mother.

Father/partner entitled to one week unpaid paternity leave.

Father/partner meets the self-employed minimum hours test (see 2 below) for the immediately preceding six or 12 months

Mother entitled to:
- 10 days special leave; and
- 14 weeks paid parental leave; and
- 52 weeks unpaid extended leave (including the 14 weeks of paid parental leave).

Mother can transfer up to 14 weeks paid parental leave to father/partner.

Mother entitled to:
- 10 days special leave; and
- 14 weeks paid parental leave.

No entitlement to 52 weeks extended leave.

Mother can transfer up to 14 weeks paid parental leave to father/partner.

Mother entitled to 14 weeks paid parental leave.

No entitlement to 52 weeks extended leave, but can take as much time from self-employment as needed.

Mother can transfer up to 14 weeks paid parental leave to father/partner.

No entitlements under the Act.

Father/partner has worked for less than six months or does not meet either the minimum hours test (see 1 below) or the self-employed test (see 2 below) for the immediately preceding six or 12 months

Mother entitled to:
- 10 days special leave; and
- 14 weeks paid parental leave; and
- 52 weeks unpaid extended leave (including the 14 weeks of paid parental leave).

No leave available to father/partner.

Mother entitled to:
- 10 days special leave; and
- 14 weeks paid parental leave.

No entitlement to 52 weeks extended leave.

No leave available to father/ partner.

Mother entitled to 14 weeks paid parental leave.

No entitlement to 52 weeks extended leave, but can take as much time from self-employment as needed.

No leave available to father/partner.

No entitlements under the Act.

The minimum hours test is that for the six or 12 months immediately before the expected date of birth, or date of assuming care of a child that you intend to adopt, an employee must have worked for the same employer for an average of 10 hours a week and no less than one hour in every week or 40 hours in every month.
The minimum hours test is that for six or 12 months immediately before the expected date of birth, or date of assuming care of a child that you intend to adopt, the person must have been self-employed for an average of 10 hours a week.

Some people are engaged in more than one type of self-employed work - for example, bee-keeping and gardening. Where you do different types of work at the same time (concurrently) during a six or 12 month period, this is treated as one period of self-employment. Enabling you to group different types of work into one period of self-employment may help you meet eligibility criteria around the number of hours worked.

Where you do different types of work one after the other (consecutively) during a six or 12 month period, this is also treated as one period of self-employment, as long as any breaks between this work are no greater than 30 days.

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.