Pregnancy Sick Leave and Parental Leave in New Zealand
Understanding your workplace rights during pregnancy is essential. While many employers are supportive and flexible, it is important to know your legal entitlements around pregnancy sick leave and parental leave in New Zealand.
New Zealand has strong employment protections for pregnant employees, but without understanding your rights, you may not realise when something isn’t being handled correctly.
Pregnancy Sick Leave in NZ
There is no separate category called “pregnancy sick leave” under New Zealand law. However, pregnant employees are entitled to use their standard sick leave under the Holidays Act 2003.
Although pregnancy itself is not an illness, if you are unwell during pregnancy — for example experiencing severe morning sickness, fatigue, migraines, or pregnancy-related conditions such as pre-eclampsia — you are entitled to use sick leave in the same way as any other employee.
This includes situations where you are simply too exhausted to safely perform your work duties.
Can an Employer Dismiss You for Pregnancy-Related Illness?
Employers cannot terminate your employment because you are pregnant.
However, if illness is affecting your ability to perform your role long-term, there is a formal process employers must follow before considering termination. During pregnancy, employers are expected to explore reasonable accommodations such as:
- Flexible hours
- Working from home
- Temporary duty adjustments
- Alternative responsibilities
- Agreed unpaid leave
Your pay, role and conditions cannot be reduced simply because you are pregnant.
Pregnancy Special Leave
Under the Parental Leave and Employment Protection Act 1987, eligible employees are entitled to 10 days of unpaid special leave for pregnancy-related appointments.
This includes:
- Antenatal appointments
- Midwife visits
- Scans
- Antenatal classes
Eligibility for Special Leave
You must have worked for the same employer for at least 6 months, averaging 10 hours per week, to qualify.
Although this leave is legally unpaid, many employers choose to pay employees for medical appointments. This is at the employer’s discretion.
Paid Parental Leave (PPL) in NZ
Paid Parental Leave is funded by the New Zealand Government.
To qualify, you must have worked for the same employer for at least 6 or 12 months before your baby’s due date, averaging at least 10 hours per week.
Eligible parents can receive up to 26 weeks of Paid Parental Leave.
Payments are capped at a government-set maximum weekly rate before tax. If your usual income is lower than the cap, you receive your average weekly earnings.
Some employers offer additional paid parental leave on top of the government scheme. If this is part of your employment agreement, you are entitled to both.
Unpaid Parental Leave
Employees who meet eligibility criteria are entitled to take up to 52 weeks of unpaid parental leave.
Your employer must generally hold your position open while you are on leave. In rare cases, if your role genuinely cannot be kept open, the employer must follow a strict legal process.
When Can Leave Start?
You may begin unpaid parental leave:
- Up to 6 weeks before your due date
- Earlier if medically required
- On a mutually agreed date with your employer
If you return to work early, your Paid Parental Leave payments may stop.
Adoption and Parental Leave
Adoptive parents may also be eligible for parental leave and payments, provided they meet work eligibility criteria. The process can be more complex, so it is advisable to seek early clarification.
Know Your Rights
Pregnancy is a protected characteristic under New Zealand employment law. You cannot be dismissed, demoted, or treated unfairly because you are pregnant.
If you feel you are being treated unfairly, you can seek advice from Employment New Zealand or the Human Rights Commission.
Final Thoughts
Understanding your pregnancy sick leave and parental leave entitlements early allows you to plan financially, communicate confidently with your employer, and focus on preparing for your baby.
Pregnancy is demanding enough without uncertainty about your job security or income. The more informed you are, the more empowered you’ll feel.