There are multiple types of parental leave that are available for employees. Each will have different entitlements and different purposes. A pregnant employee is entitled to take special leave for specific reasons related to the pregnancy.
Please note that the information is general and is not intended to act as advice. If you need help, consult a professional.
Special leave
Special Leave is a type of Parental leave under the Parental Leave and Employment Protection Act 1987.
Employees who are pregnant are entitled to up to 10 days of unpaid special leave. This allows them to take time off for pregnancy-related reasons without using other leave entitlements in their balance. Special leave is a separate entity which does not impact an employee’s parental leave entitlements.
When can employees take special leave?
Employees who are pregnant can take special leave for any pregnancy-related reasons. Some of the most common reasons are to attend:
- Midwife appointments
- Baby scans
- Antenatal (prenatal) classes
Keep in mind, an employee may wish to take special leave for other pregnancy-related reasons outside of attending appointments.
Eligibility
Special leave is only available to employees who are pregnant. This is a legal entitlement and cannot be transferred to the pregnant employees’ spouse or partner.
An employee with a pregnant spouse or partner can make a request to their employer to take additional unpaid leave for pregnancy-related reasons. This additional leave can only be taken with the employer’s permission. The conditions of this additional leave should be negotiated between the employer and employee and recorded in writing. If an employee takes additional leave without permission from their employer this will be considered unauthorised absence and they could face disciplinary action or dismissal.
Special Leave Policy
While special leave is only a small aspect of parental leave entitlements, employers are still legally obligated to allow pregnant employees to take special leave.
As part of a Parental Leave policy, the conditions of special maternity leave should specify the following:
- Employees who are pregnant get up to 10 days of unpaid special leave
- Pregnancy-related reasons for taking unpaid special leave
- Whether or not an employee with a pregnant partner or spouse is able to apply for additional unpaid leave for pregnancy-related reasons
Managing leave entitlements with Peninsula
Small business owners and employers often find it tricky to navigate parental leave entitlements given the various types and durations. New Zealand employers need to be across managing employees who may be starting a family. For tailored advice on managing pregnant employees or for assistance in understanding special or unpaid leave in the workplace, you can contact the team at Peninsula 24/7.