You can apply for paid parental leave if you’re the child’s primary carer, and you may also be eligible if you miscarry your baby or your baby is stillborn.
You also need to meet the work requirements.
Work requirements for paid parental leave
Meaning of ‘primary carer’
A primary carer can be any 1 of these 3 people:
- the person who gave birth
- spouse or partner of the person who gave birth
- someone else ─ who cares for a child under 6.
Let’s look at each of these in more detail.
Person who gave birth
The term means someone who is pregnant or has given birth to a child, and also includes a surrogate and a person who miscarries their baby or has a stillborn baby.
Spouse or partner of the person who gave birth
A spouse or partner does not normally qualify for paid parental leave. There are some exceptions, including:
- where the spouse or partner has taken over permanent primary responsibility for the care, development, and upbringing of the child from the person who gave birth
- where the person who gave birth has transferred their paid parental leave entitlement to their spouse or partner.
There may be other circumstances that could be considered. Please contact us in myIR if you’d like to discuss your circumstances.
Transfers of paid parental leave
Someone else ─ who cares for a child under 6
Someone taking permanent primary responsibility for the care, development, and upbringing of a child who is under 6 may be entitled to paid parental leave. Examples of these people include:
- an adoptive parent
- a parent with a child birthed by a surrogate
- a matua whāngai (whāngai carer)
- a grandparent with permanent full-time care
- a permanent guardian.
‘Permanent primary responsibility’ does not include part-time or temporary responsibility like foster care or after-school childcare arrangements.
Surrogates
If you’re a surrogate, and meet all the requirements for paid parental leave, you’re entitled to paid parental leave to recover from your pregnancy.
If your baby dies
We’re sorry for your loss. We hope you’re getting all the support you need at this difficult time.
You and your whānau may find the Whetūrangitia website helpful. It has information about services and financial support available to you.
If you miscarry your baby or your baby is stillborn, you’re still entitled to paid parental leave.
If your baby dies after they are born, you’re also entitled to paid parental leave. In this situation, please provide a letter from your doctor or midwife confirming your baby’s date of birth. We need this information to work out your entitlement.
Later claims for paid parental leave
You are not entitled to paid parental leave if fewer than 6 months have passed since the last payment of paid parental leave you received for another child.
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