# What happens while on parental leave and your return Official source: https://www.employment.govt.nz/leave-and-holidays/parental-leave/taking-parental-leave/what-happens-while-on-parental-leave-and-your-return Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Leave and holidays Parental leave Taking parental leave What happens while on parental leave and your return Taking parental leave Parental leave Managing parental leave as an employer Taking parental leave Guide for employees Requesting parental leave What happens while on parental leave and your return Types of parental leave If you’re self-employed Employees What happens while on parental leave and your return You cannot be dismissed from your job for going on parental leave, and your employer must meet certain obligations around keeping your job open for you. What you’re entitled to As long as you give the proper notice, your employer must keep your job open for you, if: you’re taking parental leave Time an employee who is having a baby or becoming the primary carer of a child under the age of 6 can take off work to care for their child. There are 4 main types of parental leave: primary carer leave, partner’s leave, extended leave, and negotiated carer leave. for up to 4 weeks, and it’s the first period of parental leave you’re taking for that child. If you’re taking longer than 4 weeks, your job must be kept open for you unless: it’s defined as a key position, or your role becomes redundant When an employee’s employment is terminated because their position has become surplus to the requirements of the business. Employers must follow a proper and fair process and consider redeployment options before making any positions redundant. . If your job is not kept open You can only lose your job while on parental leave if it is a key position that cannot be temporarily filled, or your employer restructures the business while you are on leave and your role is made redundant. Restructuring and change Key position A job is defined as a key position if: it is critical to the running of the business it is not possible or practical to get someone to cover it temporarily (for example, it requires special skills that are uncommon). Talk to your employer if they define your role as a key position and you disagree. Redundancy If your role becomes redundant, your employer must be able to show: that the redundancy situation came up after they agreed to you going on parental leave, and notified you in writing that your job would be kept open for you they don’t have another position like yours they could appoint you to instead. They must keep you informed about potential changes throughout any restructuring Making changes that could affect employees’ jobs. Generally, a restructure occurs when an employer sells, transfers, or contracts out part of, or all its business. Employees in specified sectors (like cleaning or security) have extra rights in a restructure. process. Redundancy Workplace change process If you lose your job - period of preference A ‘ period of preference A period of 26 weeks during which an employee who has been on parental leave must be offered a similar job if their job has not been kept open for them. ’ can happen at the end of your parental leave. This means that for 26 weeks after your leave ends if your employer has a job that’s very similar to your old one, they must offer it to you before anyone else. A period of preference must be offered if: your employer hires someone else to do your job because it's a key position your role is made redundant, and your employer knew about the redundancy when you applied for parental leave. If your employer did not know about the redundancy when you applied for parental leave or if the redundancy happens while you are on parental leave, they do not have to offer you a period of preference. Parental leave payments and redundancy If your job isn’t kept open for you because it’s a key position, or you’re made redundant, it will not affect your parental leave payments. Parental leave payments Keeping in touch with work If you want to stay connected with work while on paid parental leave, you can do some paid work for your employer. Any hours you work are called 'keeping-in-touch' hours (also known as 'keeping-in-touch' days). You can only work 'keeping-in-touch' hours while you're getting paid, or are entitled to, either: parental leave payments from Inland Revenue (IR), or preterm baby payments from IR. You can only work 'keeping-in-touch' hours with your current employer — you cannot start a new job. You do not have to work 'keeping-in-touch' hours, but you can if you want to and if your employer agrees. You can work: up to 64 hours during the parental leave payment period extra hours during the preterm baby payment period (if you get this from IR) — the number of hours depends how long you get these payments for. If you have more than 1 employer, you cannot work more than the maximum number of hours across these jobs. 'Keeping-in-touch' hours while getting parental leave payments As long as you do 64 hours or less, you are not considered to be back at work. You are considered to be back at work if you: do more than 64 hours of paid work while you're getting paid parental leave, or do paid work within the first 28 days of your child's birth. Once you're back at work, you will not be able to get any more parental leave payments from IR. If you get any payments after you're back at work, IR can ask you to pay the money back. Working 'keeping-in-touch' hours after parental leave payment period ends If you work any 'keeping-in-touch' hours after the parental leave payment period ends, you're considered to be back at work. The payment period is usually the first 26 weeks after your child is born (or comes into your care). This could affect you if you apply late for your parental leave payments. It means you might not be able to get parental leave payments. To find out more about parental leave payments, including when to apply, go to: Parental leave payments 'Keeping-in-touch' hours while getting preterm baby payments If you get preterm baby payments from IR, you can work extra 'keeping-in-touch' hours during the preterm baby payment period. You can work up to a total of: 3 hours multiplied by the number of weeks you get preterm baby payments. Example You get preterm baby payments for 4 weeks. Calculate your total number of hours: 3 hours x 4 weeks = 12. You can work up to a total of 12 hours. This means you can work a maximum of 12 hours at any time during the preterm baby payment period. If you work more than the maximum number of hours If you work more than the maximum number of hours, you're considered to be back at work. This means your preterm baby payments from IR will stop. If you get any preterm baby payments after you're back at work, IR can ask you to pay the money back. For more information about preterm baby payments, visit: Preterm babies and paid parental leave - Inland Revenue (external link) If you transfer any IR payments to your partner If you transfer some of your parental leave or preterm baby payments to your partner, they can also work 'keeping-in-touch' hours. Together you cannot work more than the maximum number of hours. It's up to both of you to keep track of and manage your hours. Make sure your employer knows about any hours your partner has already worked. If you decide not to go back to work If you decide not to go back to work at the end of your parental leave, your last day of work is the day you went on parental leave, not when you last did a keeping-in-touch day. This means any payment you get from keeping-in-touch days will not be included when your employer works out your final pay. If you decide not to return to work after parental leave, you must let your employer know in writing (this can be an email). You’ll need to do this at least 21 days in advance unless you have a longer notice period as part of your employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. . Returning to work after parental leave After becoming a parent, you will need to decide when and how you want to return to work – and discuss this with your employer. When you go back to work, your employer must: provide, if they can, somewhere that you can breastfeed or express milk, and give you breaks to do this genuinely consider any request for flexible work arrangements. Rest and breaks Flexible work Letting your employer know If you're on parental leave and still employed, you need to tell your employer in writing at least 21 days in advance, whether you will be: returning to work as planned returning early, or not returning to work after your parental leave ends. If your employer could not keep your original job open for you while you were on parental leave, you still need to tell them you want to return at least 21 days before you want your leave to end. When your parental leave ends your 6 month period of preference begins. Before you return to work Talk to your employer about any support you think you will need and try to be flexible in coming to an arrangement that will suit you both. For example: If you want to work part-time, do flexible hours, or work from home on your return, talk to your employer to see if that’s possible. Make sure you agree everything in writing, like who will pay for work-related costs, such as phone calls, and what equipment they can provide for you. Look at possible options for childcare — such as location, providers, and hours — and book in advance. Make sure your childcare arrangements will fit in with your work requirements. Talk to your employer about facilities for breastfeeding or expressing milk at work, if you will need them. Plan for contingencies, such as who will look after your child if they’re sick or cannot attend childcare as planned. Requesting flexible working arrangements Breastfeeding at work If you’re breastfeeding or expressing milk, you can continue to do this once you return to work. Your employer is legally required to give you breastfeeding breaks, and they must provide you with suitable facilities. Breastfeeding breaks are usually unpaid unless your employment agreement says otherwise. As soon as you know when you will be going back to work, talk to your employer to let them know you want to breastfeed, or express, when you start back. They may need some time to prepare, to make sure you have a clean, private space with access to: a comfy chair or couch somewhere you can wash your hands or clean your expressing equipment a powerpoint — if you’re using an electric pump a fridge or somewhere to keep the milk cool. Going back to work early Usually, you can only go back to work — or start your period of preference — early, if your employer agrees to it. If you’re taking primary carer leave for a child you gave birth to, your employer may ask for a medical certificate showing you’re fit to return to work first. If your employer does agree you can return early, you need to write to them to let them know the date you will be back at work at least 21 days in advance. You may be able to go back to work early without your employer’s agreement if: you, or your spouse or partner, are no longer the primary carer for the child you have a miscarriage, or your child is stillborn or dies. How parental leave affects your annual holiday entitlement If you have unused annual holidays Paid time away from work for rest and recreation. that you were entitled to before going on parental leave, the normal calculation for annual holidays will apply, regardless of when the annual holidays are taken. However, the rules are different if you become entitled to annual holidays: during parental leave, or in the 12 months following your return from parental leave. The pay for these annual holidays is calculated at the rate of your average weekly earnings 1/52 of an employee’s gross earnings for the 12 months up to the end of the last pay period before they take annual holidays (or however many weeks they’ve worked if it’s under a year). for the 12 months preceding the end of the last pay period before the annual holidays are taken. There is no comparison to your ordinary weekly pay The amount an employee is normally paid weekly. . This can result in you receiving less than you would normally do for your annual holiday pay when you return. The payment rate for your holidays will increase gradually and over time your holidays will again be paid at their full value. Annual holiday pay It’s important to discuss your parental leave plans with your employer as early as possible, to be fully aware of your rights and responsibilities, your current annual holidays ‘balance’, the anniversary date for your entitlement, and the effect your parental leave will have on your annual holidays payment. If you have a problem with parental leave Ideally, the terms of your parental leave should work well for both you and your employer. If you have a problem with your parental leave, help is available. You can make a complaint about anything that has a negative impact on your parental leave (previously known as maternity leave) rights, or that will affect your entitlement to parental leave payments. Parental leave payments Talk to your employer or manager If you have a parental leave complaint, you need to raise it as soon as possible with your employer or manager, by whichever is the latest date of: 26 weeks after the date the issue occurred 26 weeks after: your child’s date of birth, or the date you became the primary caregiver of a child under 6, or 8 weeks after the end of any parental leave you’ve taken. For example, you could make a complaint if your employer or manager: tells you that you can’t take parental leave will n