In New Zealand, the partner of a pregnant employee or the primary carer of a child is entitled to up to one week of paid partner's leave or two weeks of unpaid partner's leave. This leave is designed to allow partners to care for the primary carer or newborn child and to assist with the transition into parenthood.

Statutory entitlement

One week of paid partner's leave (at the employee's ordinary weekly pay or the statutory minimum rate, whichever is greater) or two weeks of unpaid partner's leave. Paid partner's leave is funded by the government through MSD.

Eligibility

To qualify for paid partner's leave: the employee must be the partner of a pregnant employee or the primary carer of a child, and must have been employed by the same employer for an average of at least 10 hours per week over the six months (or one hour per week if at least 40 hours per month) immediately before the expected date of confinement. For unpaid partner's leave: six months of continuous employment with the same employer.

Employer obligations

  • Grant eligible employees one week of paid partner's leave or two weeks of unpaid partner's leave.
  • Paid partner's leave is government-funded through MSD — employers do not pay from their own funds (unless top-up is agreed).
  • Allow the leave to be taken at any time from the birth of the child (or expected date of confinement if the child is stillborn) up to 21 days after the birth.
  • Maintain the employee's position during partner's leave.

Employee rights

  • Right to one week of paid partner's leave if eligibility criteria are met.
  • Right to two weeks of unpaid partner's leave if employed for six months.
  • Right to take the leave at any time from the birth up to 21 days after.
  • Right not to be subjected to adverse action for taking partner's leave.

Common pitfalls

  • Confusing partner's leave with parental leave — partner's leave is a much shorter entitlement designed specifically for the partner of the primary carer.
  • Thinking the employer pays partner's leave — it is government-funded through MSD.
  • Not allowing the leave to be taken flexibly — it can start at the birth and must be taken within 21 days.

When can partner's leave be taken?

Partner's leave can start on the day of the birth (or the expected date of confinement if the child is stillborn) and must be completed within 21 days after the birth. The employee chooses when to start the leave within this window.

How is paid partner's leave funded?

Paid partner's leave is funded by the New Zealand government through the Ministry of Social Development (MSD). Employers may need to process the payment through payroll if acting as an agent, but the cost is borne by the government.

Interaction with other leave

Partner's leave is separate from annual leave, sick leave, and parental leave. An employee cannot take partner's leave at the same time as another form of paid leave.

Frequently asked questions

Can both parents take partner's leave?

Partner's leave is specifically for the partner of the primary carer. The primary carer takes parental leave, while the partner takes partner's leave.

What if the employee is self-employed?

Self-employed partners are not entitled to paid or unpaid partner's leave under the PLEPA. They may be eligible for other government support through MSD.

Can an employer refuse partner's leave?

No. If the employee meets the eligibility criteria, the employer must grant partner's leave. Refusal would be a breach of the Parental Leave and Employment Protection Act.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.