What are my rights when returning to work after parental leave?
Returning to work after parental leave can bring mixed feelings. You may be looking forward to seeing your workmates while worrying about childcare, feeding, or whether your job will still be the same. You do not lose your employment rights because you have become a parent. However, protecting your existing job and changing how you work are different matters.
Here is what you need to know about returning to work in New Zealand.
Does my employer have to give me my job back?
Generally, yes. If you are entitled to parental leave and meet the notice requirements, your employer must usually keep your position open.
The Parental Leave and Employment Protection Act 1987 provides job protection. A first period of parental leave of four weeks or less has particularly strong protection. For longer leave, limited exceptions can apply where your job is a key position that cannot reasonably be covered temporarily, or a genuine redundancy situation arises. Your employer cannot simply decide they prefer your replacement.
Where your position is protected, the starting point is your existing role and agreed employment terms. Becoming a parent does not give your employer permission to cut your pay, remove your responsibilities, or push you into a lower position. If they propose changes, ask for the details and reasons in writing before agreeing.
What if the business has changed while I was on parental leave?
Parental leave does not prevent a genuine restructure. However, your employer must follow a fair process, keep you informed, and consult you about proposals affecting your employment. They should consider available alternative work. They cannot leave you out of consultation because you are away caring for your child.
Can I ask for part-time hours or flexible work when I return?
Employees returning from parental leave can request changes to hours, days, or place of work. This might mean:
Starting earlier and finishing before childcare closes,
Returning three days a week,
Working from home on agreed days,
Sharing a role, or
Building back up to your usual hours over several weeks.
Under Part 6AA of the Employment Relations Act 2000, your employer must consider a formal flexible working request in good faith. They must respond in writing as soon as possible and within one month, subject to any agreed trial-related extension. They do not have to approve every request. Refusal must rely on recognised grounds, such as an inability to reorganise work, extra costs, or effects on customer demand, quality or performance. They must explain the reason.
If you are wanting to change your hours, days or proportion, make your request specific. Explain what you want, when it would start, whether it is temporary, and how the work could be covered. State that you are applying under Part 6AA. A trial period can help both sides test an arrangement. Record what happens when it ends, especially whether you return to your original hours.
What changes does my employer not have to agree to?
Your employer does not automatically have to:
Turn a full-time position into a part-time role,
Approve working from home or your preferred shifts,
Pay your full salary for reduced hours,
Provide childcare or let you bring your child to work,
Give you extra paid leave for general parenting duties, or
Create a new role because your existing hours no longer suit.
Your employment agreement or workplace policies may offer better rights so it is good to check what applies to you before you go on parental leave.
Your employer must avoid unlawful discrimination. A blanket assumption that parents are less committed or unsuitable for promotion can raise serious concerns. If you need changes because of a health condition or disability, seek advice about those obligations too. That is a separate issue from simply preferring a different schedule.
What about breastfeeding or expressing milk?
Your employer must provide appropriate breastfeeding or expressing facilities and breaks so far as this is reasonable and practicable in the circumstances. Talk about your needs before you return. A private room, somewhere to sit, and practical arrangements for expressing and storing milk may be needed. Breastfeeding breaks are generally unpaid unless you agree otherwise. They are additional to normal rest and meal breaks unless you and your employer agree to combine them.
The law does not require every workplace to build a dedicated feeding room. What is reasonable depends on the workplace, its resources, and its operations. Your employer must properly consider workable options.
Can I take sick leave when my child is sick?
If you qualify for sick leave, have leave available, and would otherwise be working, you can use it when your child or another dependant is sick or injured. In New Zealand, this generally comes from your normal sick leave balance. There is no separate statutory bank of paid carer’s leave for looking after sick children.
Eligible employees currently receive at least 10 days of paid sick leave each year, including eligible part-time employees. The statutory balance can build up to 20 days, although your employer can offer more. Parental leave does not break continuous employment when you return to the same employer. You should not have to start a new six-month waiting period simply because you took parental leave. Ask payroll to confirm your balance and entitlement date.
Tell your employer as soon as possible when you need leave. They can request proof of illness under the usual rules.
However, a childcare centre closing or your usual babysitter being unavailable does not, by itself, qualify as sick leave when nobody is sick or injured. Discuss annual leave, unpaid leave, or another arrangement instead. Your employer does not automatically have to provide extra paid leave when your sick leave runs out.
What should I do before I go on parental leave?
Planning early can prevent difficult surprises later. Check your employment agreement and parental leave policy. Look for extra benefits, return-to-work payments, and any conditions attached to employer-funded payments.
Put your leave application in writing. For a birth, the usual notice is at least three months before the due date; different rules apply when adopting a child. Ask for written confirmation of your leave dates, whether your job is being kept open, and your return obligations.
Agree how you want to stay in touch during your parental leave. You might welcome occasional updates without wanting routine work calls. Keep copies of your agreement, job description and leave correspondence.
If you already expect to need flexibility, start discussing it. Make clear whether you are exploring options or formally agreeing to change your contract.
What should I do during my parental leave?
Stay in contact as agreed and keep your employer updated if your plans change. Your employer should tell you about significant changes affecting your job. Read consultation documents and respond, or ask for help if you need it.
You can agree to paid keeping-in-touch work. During the parental leave payment period, the usual maximum is 64 hours. You cannot be required to do this work. Working too many hours, or working within the first 28 days after birth, can affect your payments. Check the rules before agreeing.
You do not need to prove your commitment by working for free while on leave.
What should I do when I am ready to return?
Confirm your intention to return in writing at least 21 days before your parental leave ends. Start discussions earlier if you want flexibility. A request made just before your first day leaves little time to consider cover or childcare. Ask for a return meeting to discuss your role, hours, equipment, workplace changes, feeding needs, and leave balances. Request a refresher on systems or safety procedures that have changed.
Arrange childcare where possible and think about backup plans. Put any temporary hours or phased return in writing, including pay, review dates, and the date your usual arrangements resume.
Returning early usually needs your employer’s agreement, although statutory exceptions apply. Do not assume that giving 21 days’ notice alone lets you choose an earlier return date.
FAQs
Can my employer keep my replacement instead of me?
A preference for your replacement does not remove your job protection. Ask for written reasons if you are told your role is no longer available, and get advice promptly.
Can my employer make me return part-time?
They cannot simply impose reduced agreed hours because you are now a parent. Changes need a lawful basis and proper process.
Do I get a fresh sick leave balance when I return?
Not automatically. Your balance and usual entitlement date matter. Returning from parental leave does not create a separate allocation of carer’s leave.
What if my employer refuses flexibility?
Ask for the written decision and reasons. Consider alternatives or a trial. The statutory flexible work complaint process has limits; a separate discrimination or other employment issue may need different advice.
What if I am being pushed out?
Keep emails, letters and notes of conversations. Do not resign or sign changed terms under pressure. Employment complaints have time limits, and parental leave complaints have their own rules. Get advice early.
At Mathews Walker, we can help employees understand their rights and deal with unfair treatment at work. If your return from parental leave is becoming a dispute, or you are concerned that your employer's treatement of you is unfair, get in touch today for a free consultation.
MathewsWalker.co.nz | Employment Problems Solved | 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.
Comments