Summary of paid and unpaid leave entitlements

	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
Spouse/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 spouse/partner. Spouse/partner entitled to share remaining unpaid leave up to a total of 52 weeks (including 14 weeks paid parental leave). Spouse/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 spouse/partner. Spouse/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 spouse/partner. Spouse/partner has: - An existing entitlement to take up to 52 weeks extended leave; and - Two weeks unpaid paternity leave.	No leave available to mother. Spouse/partner has no entitlement to 14 weeks paid parental leave. However, spouse has: - An existing entitlement to 52 weeks unpaid leave; and - Two weeks unpaid paternity leave.
Spouse/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 spouse/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 spouse/partner. But total amount of leave available to both is 14 weeks, including one week Partners’ paternity leave available to spouse/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 spouse/partner. Partners’ paternity leave may be extended to equal the period of paid leave transferred.	No leave available to mother. Spouse/partner entitled to one week unpaid paternity leave.
	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
Spouse/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 spouse/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 spouse/partner. Mother can transfer up to 14 weeks paid parental leave to spouse/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 spouse/partner	No entitlements under the Act.
Spouse/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 spouse/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 spouse/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 spouse/partner.	No entitlements under the Act.

The minimum hours’ test is that for the applicable six- or 12-month period, an employee must establish that they have worked for the same employer for an average of 10 hours per week and no less than one hour in every week or 40 hours in every month.
The minimum hours test is that for the applicable six- or 12 month period, the person must have been self-employed for an average of 10 hours per week. Where the self-employed person is engaged in one or more type of work: concurrent work during the six- or twelve- month period is treated as one period of self-employment; and consecutive work during the six- or twelve- month period is treated as one period of self-employment if the breaks between the types of work is no greater than 30 days.

This page was last updated on: 18-Dec-2008 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.