New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 26

26 Duration of extended leave

1 Subject to subsections (2) and (3), the maximum amount of extended leave that an individual employee may take in respect of a child is—

a) 26 weeks, if the employee meets the 6-month employment test; or

b) 52 weeks, if the employee meets the 12-month employment test.

2 If an employee and that employee's spouse or partner are each individually entitled to extended leave in respect of the same child, the maximum combined entitlement of the employee and his or her spouse or partner is—

a) 26 weeks, if both meet the 6-month employment test; or

b) 52 weeks, if both meet the 12-month employment test; or

c) 52 weeks, if one meets the 12-month employment test and the other meets the 6-month employment test (in which case the person who meets the 6-month employment test may not take more than 26 weeks of extended leave out of the combined total entitlement of 52 weeks).

3 If an employee takes primary carer leave in respect of a child, the period of extended leave to which the employee and his or her spouse or partner are entitled in respect of the child is the relevant period specified in subsection (1) or (2) reduced by the total period of primary carer leave taken, excluding any period of primary carer leave in excess of 26 weeks taken under section 9(2) .

4 If a female employee takes special leave under section 15 , the period of extended leave to which that female employee or her spouse or partner is entitled in accordance with this Act is not reduced.

5 If an employee takes a period of partner’s leave, the period of extended leave to which the employee and his or her spouse or partner are entitled in accordance with this Act is not reduced.

5A Any week in relation to which a preterm baby payment is made to a person is in addition to, and must not be counted when determining, the duration of extended leave under this section.

6 The period of extended leave to which an employee and his or her spouse or partner are entitled is not increased by the number of hours worked by the employee or his or her spouse or partner on a keeping-in-touch day in accordance with section 71CE(2) or 71DB(2) .

7 This section is subject to the other provisions of this Act.

History: Section 26: replaced, on 1 April 2016, by section 33 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).   Section 26(3): amended, on 1 July 2020, by section 19 of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45).     Section 26(5A): inserted, on 1 July 2025, by section 50 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).