Paternity leave in New Zealand provides eligible partners 2 weeks of government-funded Partner Leave under the Parental Leave and Employment Protection Act 1987 (PLEPA). The leave is paid through the Ministry of Business, Innovation and Employment (MBIE) at a weekly rate equivalent to the employee’s ordinary pay, capped at a ceiling.
This guide covers New Zealand’s Partner Leave: the 2-week entitlement, eligibility criteria, the payment process, how it fits within the broader parental leave scheme, and employer obligations.
Key takeaways
- Eligible partners receive 2 weeks (10 business days) of paid Partner Leave under the PLEPA.
- The payment is made by MBIE, not the employer, at a weekly rate capped at $832.14 per week (as of 1 July 2026).
- The partner must be the spouse, civil partner, or partner of the primary carer and must be employed at the time of the leave.
- The leave must be taken within the first 6 months from the date the child becomes the primary carer’s responsibility.
- The partner must have worked for the same employer for at least 6 months before the expected date of birth.
The 2-week Partner Leave entitlement
New Zealand’s Partner Leave is established under the Parental Leave and Employment Protection Act 1987 (PLEPA). It provides 2 weeks of paid leave to the partner of the primary carer following the birth or adoption of a child.
| Detail | Value |
|---|---|
| Duration | 2 weeks (10 business days) |
| Payment rate | Ordinary pay, capped at $832.14/week (2026) |
| Funded by | MBIE (government) |
| When taken | Within the first 6 months from the child’s birth/adoption |
| Minimum service | 6 months with the same employer |
| Can be split | Yes, in separate periods within the 6-month window |
| Application notice | At least 14 days before the intended start date |
Unlike some other jurisdictions, New Zealand’s Partner Leave can be taken in separate periods. The partner can take one week immediately after the birth and the second week later, provided both periods fall within the first 6 months.
Eligibility criteria
To qualify for Partner Leave, the partner must meet all of the following conditions:
- Partner of the primary carer — the employee must be the spouse, civil partner, or partner (including de facto) of the primary carer.
- Employed at the time of leave — the partner must be employed by the same employer at the time the leave is taken.
- At least 6 months of continuous employment — the partner must have worked for the same employer for at least 6 months before the expected date of birth or adoption.
- The child is a New Zealand citizen or resident — the child must be a New Zealand citizen or permanent resident.
- Application within the window — the leave must be taken within the first 6 months from the date the child becomes the primary carer’s responsibility.
The de facto partnership definition means that unmarried partners in a relationship of at least 3 years (or shorter, in certain circumstances) qualify for Partner Leave. The partner does not need to be the biological father — the entitlement applies to any partner of the primary carer.
The broader parental leave scheme
New Zealand provides a comprehensive parental leave scheme. Partner Leave is one component:
| Leave type | Duration | Payment | Eligibility |
|---|---|---|---|
| Primary carer leave | 26 weeks | Up to $832.14/week | Primary carer, 6+ months service |
| Partner leave | 2 weeks | Up to $832.14/week | Partner, 6+ months service |
| Extended leave | Up to 26 weeks | Up to $832.14/week | Shared between parents |
| Negotiated carer leave | Up to 2 weeks | Unpaid | By agreement with employer |
Partner Leave is separate from the extended leave that can be shared between parents. A partner can take 2 weeks of Partner Leave and then negotiate additional leave through their employer or use annual leave.
Payment process
The government pays Partner Leave directly to the employee through MBIE. The employer does not fund the leave, but may be involved in the payment process.
The payment flow:
- Employee applies — submit the application to MBIE through the online portal or in person.
- MBIE assesses eligibility — verifies employment, partnership, and service requirements.
- Payment is made — MBIE pays the employee directly, or by arrangement, through the employer’s payroll.
- Employer records the leave — the employer records the leave period and confirms the employee’s employment status.
If the payment is made through the employer, the employer must pass the full amount to the employee. The employer is not required to pay any amount above the MBIE rate unless their policy provides for top-up pay.
Employer obligations
New Zealand employers have five core obligations:
- Grant Partner Leave when the employee meets the eligibility criteria and has applied with the required notice.
- Do not terminate the employee during or because of the leave — the PLEPA protects the employee’s employment.
- Hold the position — the employee must be able to return to the same position or a position at the same level and pay.
- Process the leave — record the leave in the payroll system and confirm employment status for MBIE.
- Consult on changes — if the employee’s role is significantly changed during the leave, the employer must consult with the employee before the change takes effect.
The PLEPA prohibits adverse action against an employee because of, or for the purpose of, parental leave. Dismissal during or shortly after Partner Leave is treated as adverse action unless the employer can demonstrate a genuine, unrelated reason.
Worked example
Emma is the primary carer of a child born on 1 May 2026. Her partner, Liam, has been employed for 12 months at a construction company. Liam applies for Partner Leave starting 1 May and ending 12 May (10 business days).
- Liam meets the 6-month service requirement.
- His ordinary pay is $900 per week, exceeding the MBIE cap of $832.14.
- His Partner Leave payment is $832.14 per week × 2 = $1,664.28.
- Liam takes the full 2 weeks immediately after the birth.
- Liam’s employer does not top up the payment beyond the MBIE rate.
Common pitfalls
1. Assuming the leave can only be taken at birth
Partner Leave can be taken at any point within the first 6 months from the child’s birth or adoption. The partner can delay the leave to coincide with specific events or the end of the primary carer’s leave.
2. Not meeting the 6-month service requirement
Partners who have been employed for fewer than 6 months at the expected date of birth do not qualify for Partner Leave. They may still be entitled to unpaid leave or annual leave.
3. Confusing Partner Leave with extended leave
Partner Leave (2 weeks) is separate from the extended leave that can be shared between parents. The 2 weeks of Partner Leave does not reduce the primary carer’s entitlement.
4. Failing to apply within the 6-month window
Partner Leave must be taken within 6 months from the date the child becomes the primary carer’s responsibility. Missing this window means the entitlement is lost.
Frequently asked questions
How long is paternity leave in New Zealand?
New Zealand provides 2 weeks (10 business days) of paid Partner Leave to the partner of the primary carer, separate from the extended leave that can be shared between parents.
Is Partner Leave paid in New Zealand?
Yes. The payment is made by MBIE at the employee’s ordinary pay rate, capped at $832.14 per week (as of 1 July 2026).
Can unmarried partners take Partner Leave?
Yes. The PLEPA defines “partner” to include de facto partners in a relationship of at least 3 years (or shorter in certain circumstances). Unmarried partners qualify for Partner Leave.
Does the employer pay for Partner Leave?
No. The government funds Partner Leave through MBIE. The employer is not required to fund the leave, unless their policy provides for additional paid leave.
Can Partner Leave be taken in separate periods?
Yes. Partner Leave can be taken in separate periods within the first 6 months from the child’s birth or adoption, provided the total does not exceed 2 weeks.
For more context, see our guide to types of leave and absence management.
Tracking Partner Leave entitlements alongside primary carer leave, extended leave, and annual leave across a New Zealand workforce is exactly what a leave management system is built for.
Sources
- Parental Leave and Employment Protection Act 1987 (PLEPA) (primary source)
- MBIE — Parental Leave (government)
- Inland Revenue — Parental Tax Credit (government)
Last updated: 26 July 2026. This article is general information, not legal advice. Confirm current entitlements with MBIE or a New Zealand employment lawyer.