Parental Leave Letter (New Zealand)

A Parental Leave Letter in New Zealand records an employee's request and the employer's response on leave or workplace entitlements, applying the standards set by the Parental Leave and Employment Protection Act 1987. It identifies the employee, the leave or entitlement requested, and the dates and conditions that apply.

Parental leave in New Zealand is governed primarily by the Parental Leave and Employment Protection Act 1987, which provides thorough entitlements to both primary carers (birth parents, adoptive parents, whangai, and other permanent caregivers) and their partners. The PLEP Act was significantly reformed in 2017 to extend the paid parental leave period to 26 weeks, and further amendments have continued to improve entitlements for New Zealand families. The Act provides strong employment protection rights during leave, including the right to return to the same or an equivalent position on return from leave, and protections against dismissal for taking parental leave.

New Zealand's parental leave framework is distinctive in several important respects. Unlike Australia, where employer-funded paid parental leave has no statutory minimum (beyond the Government's Paid Parental Leave scheme), New Zealand's government-funded Parental Leave Payment is a separate and significant entitlement. Eligible primary carers receive up to 26 weeks of government-funded payments — paid at the lesser of their ordinary weekly rate or the maximum weekly payment (adjusted annually) — administered through Work and Income NZ (WINZ), entirely funded by the government rather than the employer. This means that the financial burden of parental leave funding is primarily borne by the New Zealand government rather than individual employers, making it easier for smaller businesses to support employees on parental leave.

The PLEP Act also provides for 'keeping in touch' arrangements — up to 64 hours of mutually agreed work during the leave period — which allow employees to maintain workplace connections without affecting their leave entitlement or government payment. This provision recognises the practical reality that some employees value the ability to stay connected with their workplace during leave, while confirming this remains entirely voluntary and cannot be mandated by employers.

The employment protection provisions of the PLEP Act are among the strongest in New Zealand's employment law framework. An employer who dismisses an employee for taking parental leave, who fails to keep a position open for the employee, or who fails to offer an equivalent position on return, faces significant penalties and may be required to reinstate the employee or pay substantial compensation.

A Parental Leave Letter is needed by any New Zealand employee who intends to take parental leave — whether as the primary carer of a newborn or adopted child, or as the partner of a primary carer. The letter serves as formal notice to the employer and triggers the employer's obligations under the Parental Leave and Employment Protection Act 1987.

The letter is needed as soon as the employee becomes aware of the pregnancy or impending adoption or permanent placement. The PLEP Act requires employees to give their employer as much notice as practicable of their intention to take parental leave. In practice, for birth-related leave, this means giving notice at least 3 months before the expected date of birth where possible, to allow the employer adequate time to arrange cover. For adoption-related leave, notice may need to be given earlier, as placement dates can sometimes be determined in advance of the actual placement.

For employees seeking the government Parental Leave Payment through Work and Income NZ, an early application is important. Work and Income NZ requires applications well before the leave start date, and delays in applying can result in delays in receiving the government payment. The parental leave letter to the employer is separate from the WINZ application, but confirming employment details in the letter supports the WINZ eligibility assessment.

A parental leave letter is also needed when an employee wishes to change their leave dates — for example, if the baby arrives earlier or later than the expected due date. Under the PLEP Act, the employee must give written notice of the change as soon as reasonably practicable. The letter provides a record of the amended leave dates for both the employee and the employer.

For employees with 12 or more months of continuous service who intend to take the full 52 weeks of parental leave (including extended leave beyond the initial 26-week primary carer leave period), a separate notice of the intention to take extended leave must be given at least 21 days before the end of the initial leave period. The parental leave letter can signal this intention from the outset, reducing the administrative burden later.

Finally, the parental leave letter is an important record for both parties. It documents the agreed leave dates, confirms the employee's entitlements and return to work expectations, and creates a written record that the employer's employment protection obligations under the PLEP Act have been engaged. This is important if there are later disputes about what was agreed, or if the employee's position is affected during the leave period.

A complete Parental Leave Letter for New Zealand should include the following key elements to give proper notice under the Parental Leave and Employment Protection Act 1987 and protect the employee's entitlements.

Employee and employer identification: The full names and addresses of the employee and employer, the employee's job title and department, and the date of the letter. The employee's commencement date with the employer is important because it establishes whether the employee has the required 6 or 12 months of continuous service for their entitlement.

Leave type: A clear statement of the type of parental leave being requested — primary carer leave for birth, primary carer leave for adoption or permanent placement, partner's leave, or extended leave. The PLEP Act provides different entitlements for each category, and the correct type must be identified.

Expected date of birth or placement: The expected due date or expected placement date, which triggers the calculation of the notice period and the commencement of the leave. Medical certificate or adoption documentation should be referenced where attached.

Requested leave dates and duration: The start and end dates of the requested leave, and the total duration. For primary carer leave, this should be up to 26 weeks (or more for extended leave). For partner's leave, the appropriate duration (1 or 2 weeks depending on length of service) should be stated.

Government Parental Leave Payment: A statement confirming whether the employee is applying for the government-funded Parental Leave Payment through Work and Income NZ, and acknowledgement that this payment is funded by the government (not the employer).

Partner's leave arrangements: Where the employee's partner will also be taking parental leave, their name, employer, and anticipated leave dates should be noted to assist the employer's planning.

Keeping in touch arrangements: If the employee wishes to discuss keeping in touch hours (up to 64 hours during leave), a request to discuss this should be included, with acknowledgement that any such arrangements are entirely voluntary.

Return to work date and arrangement: The anticipated return to work date, and whether the employee intends to return to full-time, part-time, or equivalent employment. A note about the employee's right to request flexible working arrangements under the Employment Relations Act 2000 on return from parental leave.

Employment protection acknowledgement: A summary of the employee's right to return to the same or an equivalent position under the PLEP Act, and the 21-day notice requirement for early return.

Employer acknowledgement: A section for the employer to sign and date, confirming receipt of the request and the employer's acknowledgement of the employee's entitlements. The forms-legal.com Parental Leave Letter (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.