Partner’s leave is a form of unpaid parental leave that lets a spouse or partner take time off work to care for a newborn or child under six years of age.
Eligibility
To be eligible for Partner’s leave, an employee must work for the same employer for at least an average of 10 hours per week in the six or twelve months before the arrival of a newborn or a child coming into their permanent care, such as adoption.
The following entitlements for partner’s leave can include:
- after six to twelve months of employment: one week of unpaid partner’s leave
- after twelve or more months of employment: two weeks of unpaid partner’s leave
Definition of a spouse or partner
A spouse or partner is a person of any gender in a relationship with another person who is the primary carer of a child who is under six years of age. They must either be married, in a de facto relationship or civil union. A partner does not have to be the biological parent of the child.
When can an employee take partner’s leave?
A spouse or partner may commence their partner’s leave:
- up to 21 days before the expected arrival of the child or adoption date; or
- up to 21 days after the baby is born or they begin to assume permanent care of the adopted child; or
- ending 21 days after the baby is born (unless the baby is discharged from a hospital more than 21 days after the birth, in which case the partner’s leave timeframe ends on the day the child is discharged)
- on a separate date that is agreed between employer and employee
Additional time off
If an employee needs longer than one to two weeks of partner’s leave, they can request for extended leave. To be eligible for extended leave, an employee must work for the same employer for at least 12 months before the expected date of delivery or date on which they begin to assume permanent care of a child under the age of six years.
Partner’s leave policy
An employer should have a written partner’s leave policy. This policy should clarify the employer’s policy in accordance with the Parental Leave and Employment Protection Act 1987.
It should include:
- the purpose of the policy
- who is eligible for partner’s leave?
- how to apply for partner’s leave
- terms and conditions of the Parental Leave and Employment Protection Act
Clearly outlining the Partner’s Leave Policy can help prevent misunderstandings and ensure employees feel supported as parents and care providers.
For advice on how to manage leave in the workplace, contact Peninsula on 0800 568 012.
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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