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Employment Protection for New Parents

Monday 6 August, 2018

Being a pregnant employee is hard enough as it is without dealing with employment problems surrounding paid and unpaid Parental Leave.

In parental situations, law provides for a number of different types of leave. This can include leave for the primary carer for time surrounding the birth and care of the child. This can be up to 18 weeks. Leave is also available to partners of the primary carer. They can have leave up to two weeks.

Your eligibility for leave, and the length of leave you are allowed, depends on how long you have been employed for. For more information about leave entitlements click on this link: https://www.employment.govt.nz/leave-and-holidays/parental-leave/types-of-parental-leave/

Employers are not allowed to terminate your employment based on your pregnancy, or on the state of your health during your pregnancy. This includes termination during, or in the 26 weeks beginning from the date your parental leave ends.

There are some exceptions:

  • if there is a genuine redundancy
  • if they are unable to keep your role open because it’s vital to the organisation operating
  • if the dismissal is for something other than your pregnancy

If you feel that you or your partner has been unfairly dismissed or disadvantaged because of the pregnancy, get in contact. We can have a chat about your situation and give you a free consultation.