Parental Leave Policy

Application

Staff members at Waipapa Taumata Rau | The University of Auckland.

Purpose

This policy sets out the entitlements and conditions for taking parental leave at the University.

Background

The University recognises and affirms the importance of whānau by providing an inclusive and equitable parental leave policy that aims to support parents. 

The University has a positive approach to childbirth and parenting, and recognises that parents are an integral part of our society and working environment. The parental leave policy aims to ensure that all staff, regardless of their family circumstances, have equitable opportunities to reach their professional potential.

All staff are protected against discrimination on the grounds of sex (including pregnancy and childbirth) in employment under the Human Rights Act 1993 and the Employment Relations Act 2000.

The Parental Leave and Employment Protection Act 1987 provides employment protection, and provision for extended and paid leave. The terms of this policy exceed legislative requirements, with additional entitlements. Parental leave is normally taken in the period immediately following the birth or adoption of a child.

Policy

Paid parental leave

1. If you take time off work to care for your baby or a child who has come into your care, you may be able to get paid parental leave from the government and / or the University. To qualify as a primary carer or co-carer, you must meet one of the following criteria:

  • Be pregnant
  • Be a parent of a child under one
  • Have new permanent primary responsibility for a child under six and be any of the following:
    • A parent or adoptive parent
    • A Home for Life parent
    • A matua whāngai (whāngai carer)
    • A grandparent with full-time care
    • A permanent guardian.

 

Government paid parental leave

  • This is paid leave of 26 continuous weeks given to you if you are the primary carer so you can care for your child. It is paid by the Inland Revenue Department.
  • You need to have worked an average of 10 hours a week, in at least 26 of the weeks in the year before your due date, or the date the child comes into your care to be eligible for government paid parental leave.
    You can start this up to six weeks before the expected date of your child’s arrival or earlier in certain cases, such as if your baby is born early, or for medical or health and safety reasons.
  • You can transfer primary carer leave to your partner (or another person assuming permanent primary responsibility for the care).
  • Partners and co-carers may also be eligible for two weeks of Government unpaid partner’s leave.

 

University paid parental leave

University paid parental leave eligibility

2. All permanent full or part-time staff members are entitled to University paid parental leave.
3. Staff on fixed-term employment agreements are eligible for University paid parental leave if they have six months’ service at the University during the twelve-month period immediately preceding the expected date of the child’s arrival and remain employed by the University at that date.

University paid parental leave entitlements

4. The University provides eligible staff members up to nine weeks University paid parental leave at the rate of pay they received prior to taking parental leave. This is in addition to Government primary carer leave.
5. If more than one parent or carer is employed at the University, you can nominate one person to receive up to nine weeks of University paid parental leave, or share the nine weeks between you.
6. If more than one parent or carer is employed at the University, those not nominated as the primary carer will be recognised as a co-carer or partner and will receive two weeks of University paid parental leave in addition to the two weeks of Government unpaid partner’s leave, provided they meet the University’s eligibility criteria.
7. The additional two weeks of University paid parental leave may only be taken by a co-carer or partner.
8. University paid parental leave can be taken in blocks of one week or more to provide more flexibility for eligible parents and carers.
9. The entire entitlement must be taken within the parental leave period of 52 weeks.
10. University paid parental leave cannot be accrued and any remaining University paid parental leave at the end of the 52 weeks will be forfeited.

 

Other benefits

Annual leave

11. Annual leave will accrue while you are on parental leave.
12. Payment of annual leave on return from parental leave will be calculated based on your normal rate of pay and FTE (full time equivalent hours) at the time of application for annual leave. This exceeds statutory entitlements.
 
Unpaid extended leave

13. If you have completed one year’s continuous service prior to the expected date of a child’s arrival, you are entitled to up to 52 weeks unpaid leave.
14. If you have more than six months service but less than a year’s service prior to the expected date of a child’s arrival, you are entitled to unpaid leave of up to 26 weeks.
15. If more than one parent or carer is employed at the University, one of you can take unpaid extended leave or the leave can be shared between you.

Special leave

16. You are also entitled, before taking parental leave, to take a total of up to ten days special leave without pay for reasons connected with the anticipated arrival or adoption of a child.

Keeping in touch days

17. While you are on parental leave, you may want to use ‘keeping in touch days’ to stay connected with the University. You can choose to perform work from time to time, as long as you only do a total of 64 hours or less of paid work during your parental leave payment period, and this work is not within the first 28 days after the child’s birth or the date they came into your care.

Job protection

18. When you return to work after parental leave you are entitled to resume work in the same position, unless it is a key position that cannot be filled by a temporary replacement, or it is made redundant.
Continuous service and other entitlements
19. Paid and unpaid parental leave is continuous service as set out in section 43 of the Parental Leave and Employment Protection Act 1987.
20. Service while on parental leave is considered unbroken for the purpose of calculating leave entitlements.
21. Time on leave should not affect seniority or status including eligibility for consideration for promotion or progression.

Related procedures

Application process

Note: The application for parental leave form is available on the staff intranet.

23. The form must be submitted to your manager at least three months before the date on which you wish to commence parental leave and must be accompanied by documentation confirming the expected delivery date, adoption, or formal care arrangement, signed by an appropriate healthcare or social services provider.
24. If you intend to go back to work after your parental leave, at least one month’s notice in writing is required before returning to work.

Note - Usually, you can only go back to work early if your manager agrees.

25. If you decide not to go back to work when your parental leave ends, you must tell your manager in writing at least 21 days before the end of your parental leave.

Definitions

Academic head covers heads of departments, schools and other teaching and research units at Level 3 in the University Organisation Structure.

Co-carer is a person who plays a key role in childcare, but for the purpose of this policy is not the person nominated as the ‘primary carer’.

Eligible staff members are:

  • Staff members who are on permanent employment agreements, whether full or part-time.
  • Staff on fixed-term employment agreements are eligible for University Paid Parental Leave if they have six months’ service at the University of Auckland during the twelve-month period immediately preceding the expected date of a child’s arrival and remain employed by the University at that date.

Parental leave is time off work to care for a newly born or adopted child under six years of age

Partner is a person who plays a key co-carer role, but for the purpose of this policy is not the person nominated as the ‘primary carer’.

Primary carer is a person nominated for the purpose of this policy to receive the primary parental leave benefit and has a key responsibility for childcare.

Similar is defined as having an equivalent salary and grading and involving responsibilities broadly comparable with those exercised in their previous position.

Staff member refers to an individual employed by the University on a full time or part time basis.

University means Waipapa Taumata Rau| The University of Auckland and includes all subsidiaries.

Key relevant documents

Document management and control

Owner: Human Resources Director
Content manager: Associate Director, HR Advisory
Approved by: Vice-Chancellor
Date approved: 21 February 2023
Review date: 21 February 2025