How do parental leave provisions in my employment agreement apply?

Some employment agreements include parental leave provisions.

You may have a choice of parental leave provisions if your employment agreement has provisions that are as favourable as, or more favourable than, those provided by law. This is lawful if the employment agreement has adequate arrangements for the following:

who can take parental leave
how long the various types of leave last
how well your job is protected during and after parental leave
what obligations, if any, your employer has to pay you during the leave
what procedures you have to follow.

Examples of enhancement to the statutory entitlements can include:

full income replacement from your employer for a period
lump sum payments on return to work
rights to return on flexible hours at the end of the leave period.

You can use your employment agreement leave provisions if they are as favourable or more favourable as those provided by law. Your employment agreement cannot change your eligibility for the government parental leave payments, however you can receive additional payments through your employment agreement.

If you need assistance clarifying your employment agreement entitlements, you can check our FAQ Knowledgebase, or you can contact the Department of Labour on 0800 20 90 20 during business hours.

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

Further information & guidance

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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.

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