There are many things for employers to consider when an employee raises that they intend to take parental leave. Navigating the different types of parental leave and their eligibility requirements can also be confusing. Employers must also be aware that employees who do not meet the requirements for primary carer leave may still be eligible to take a different kind of parental leave.
In this best practice guide for employers, we explain negotiated carer’s leave, eligibility, and how to handle requests. Peninsula has worked with thousands of businesses in New Zealand and supported them in matters of HR and health and safety.
Understanding negotiated carer leave
In some cases, an employee may meet the criteria to get Government-funded parental leave payments, but not actually qualify for parental leave itself. Negotiated carer leave allows employees to take a period of unpaid leave to care for their child and receive parental leave payments, without having to actually meet the criteria for parental leave.
This agreement is beneficial for employees who fall outside the usual requirements for parental leave. For example, if an employee changed jobs and has not worked for the same employer for at least six months or if an employee does not work enough hours each week for a single employer.
An employee can ask to take negotiated carer leave if:
- They will be the primary carer for the child.
- They meet the criteria to receive parental leave payments.
- They do not meet the criteria for primary carer leave.
Requesting negotiated carer leave
An employee must make a request for negotiated carer leave in writing. This must be submitted in line with the following requirements:
- Submit the request least 3 months before their baby’s expected due date, if they or their spouse or partner are pregnant
- Submit the request 14 days before they’re due to become the primary carer of a child under the age of 6 years e.g. adoption.
An employer must respond with the outcome in writing within 1 month of their request. They will only be able to decline a request under specific grounds:
- It is not feasible for work to be reorganised by giving it to other staff or recruiting cover
- The employee’s absenteeism would have a negative impact on the business’ quality, performance or ability to meet customer demand.
- The employer is planning to make changes within the business.
- It will be a burden of additional costs
Taking negotiated carer leave
If an employee is taking negotiated carer leave, they will need to work with their employer to establish when they are able to take it. If they are:
- Pregnant- their leave will usually start on their child’s due date or the child’s birth. Whichever is first.
- Taking responsibility for the care of a child under the age of 6 years - their leave will normally start on the date they become the child’s permanent carer.
An employee may also request to take any annual leave that they may have in their balance prior to going on negotiated carer leave.
Negotiated carer leave policy
Employers and employees can negotiate on the terms and conditions of negotiated carer leave. Any agreements should be recorded in writing. An employer may wish to implement a negotiated carer leave policy to outline the process to all employees.
Some of the guidelines to include when writing this leave policy are:
- When an employee can ask to take negotiated carer leave
- How long the employee can take negotiated carer leave for
- Whether or not you are going to pay the employee during the negotiated carer leave
- Reasons for not allowing an employee to take negotiated carer leave
Creating effective workplaces with Peninsula
Providing support for your employees during the birth of a child is important and having leave policies such as carer leave policies are beneficial for workplaces and the employee’s return to work. Employees feel supported and valued when you have sturdy and smart policies. Peninsula offers tailored HR and health and safety advice for businesses and industries in New Zealand that boost their workforce and improve their productivity. For specific advice on how to handle negotiated carer leave requests, or for help writing and implementing a policy, you can contact Peninsula.
This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.
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