Returning to work after maternity leave can be a time of mixed emotions—excitement, uncertainty, and sometimes stress. As an employee it's essential to understand your entitlements so you can confidently navigate this transition.
New Zealand employees rights are detailed under the Parental Leave and Employment Protection Act 1987 and other key workplace protections.
When returning to work after maternity leave, you’re entitled to:
A guarantee that you can return to your role or an equivalent one
The right to request adjustments to your working arrangements.
Workplace support for expressing milk or breastfeeding.
Safeguards against unfair treatment due to parental status.
When you return to work after taking primary carer leave, your employer must reinstate you to the same position you held before going on leave, or if your original role is no longer available (e.g., due to restructuring), a comparable role with similar terms and conditions. If your employer cannot reinstate you, they must follow the law, including consulting with you about alternatives.
As a returning parent, you have the right to request flexible working arrangements. This could include:
Adjusted start and finish times.
Working from home.
Part-time hours.
Employers must respond to these requests within a month. They can decline only for valid business reasons (e.g., the impact on operations or costs).
Under New Zealand law, employers must provide reasonable unpaid breaks for breastfeeding or expressing milk and a private, safe, and hygienic space for this purpose (not a bathroom). While these breaks are unpaid unless otherwise agreed, many employers offer paid breaks as a goodwill gesture.
It’s unlawful for an employer to discriminate against you for:
Being on parental leave.
Returning to work with adjusted responsibilities (e.g., due to breastfeeding).
Needing flexible work arrangements.
If you experience discrimination or unfair treatment, you can raise a personal grievance within 90 days of the incident.
Returning to work after maternity leave is your legal right, and the law ensures that you are treated fairly during this transition. Whether it’s job protection, flexible working options, or support for breastfeeding, there are safeguards in place to make this process as smooth as possible.
If you face issues or feel unsure about your rights, don’t hesitate to seek advice from an expert. mathewswalker.co.nz | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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