Managing returns from parental leave: A guide for NZ employers
The transition back to work after parental leave is a significant adjustment for employees and requires thoughtful management from employers. Understanding your legal obligations and creating supportive practices during this period benefits both your team members and your organisation.
Confirming return to work
Even when an employee plans to return on their originally scheduled date, there are still formal notification requirements to follow:
An employee must inform their employer in writing if they intend to return to work
This notification must be submitted at least 21 days before their parental leave ends
This requirement applies even if there is no change to the original return date
In situations where an employee's original position cannot be kept open because it's a key position or it has been made redundant, they still need to provide written notification of their intention to return at least 21 days before their parental leave ends. The date they indicate becomes the start of their six-month period of preference, during which they have priority for any suitable positions that become available.
This written confirmation is important for both parties as it helps employers with workforce planning and ensures employees maintain their rights under the parental leave legislation.
Managing early returns to work
Sometimes employees want or need to return to work earlier than their original parental leave end date. Here's what you need to know:
The request process
If an employee wants to return early from parental leave:
They must make their request in writing
The request must be submitted at least 21 days before their preferred return date
Generally, they can only return early if you as their employer agree
Exceptions where your agreement isn't required
An employee can return to work without your agreement in specific circumstances:
If they or their partner are no longer the primary carer of the child
If their child is miscarried, stillborn, or passes away
In these sensitive situations, compassion and flexibility are especially important. These exceptions apply to all parents, including fathers, partners, and adoptive parents who are on parental leave.
Accommodating flexible working requests
Many parents returning to work seek arrangements that help them balance work and family responsibilities.
Legal framework
Under Part 6AA of the Employment Relations Act 2000, all employees have the right to request flexible working arrangements:
Requests can be made at any time, not just after parental leave
This is particularly common for parents returning to work after welcoming a child
What flexible working can include
Flexible arrangements can involve changes to:
Hours of work (e.g., reduced hours, compressed work weeks)
Days of work (e.g., working specific days of the week)
Place of work (e.g., working from home, hybrid arrangements)
Specific duties or how work is performed
Any combination of these elements
Your obligations as an employer
When you receive a flexible working request:
Acknowledge receipt of the request
Consider it carefully (you can ask for more information if needed)
Deal with it as soon as possible, but within one month at maximum
Respond in writing
All aspects of this process—the application, acknowledgment, and response—must be documented in writing.
Grounds for declining requests
You can only decline flexible working requests for specific reasons, such as:
Inability to reorganise work among existing staff
Inability to recruit additional staff
Detrimental impact on quality or performance
Insufficiency of work during proposed working times
Planned structural changes
The burden of additional costs
Detrimental effect on the ability to meet customer demand
Any decline must clearly state which of these reasons applies to the situation.
For more detailed information, both employers and employees can visit Employment New Zealand.
Supporting feeding in the workplace
Employers have specific obligations to accommodate breastfeeding employees returning to work.
Legal requirements
You are required to provide:
Appropriate breaks for breastfeeding or expressing milk
Suitable facilities for breastfeeding or expressing milk, if reasonable and practicable
What constitutes appropriate facilities
Breastfeeding facilities don't need to be elaborate but should include:
A clean, private space with a door that locks (not a toilet)
A comfortable place to sit
Access to hand-washing facilities (can be nearby rather than in the same room)
Access to refrigeration for storing expressed milk if needed
The government provides a Code of Employment Practice on Infant Feeding with detailed guidance.
Practical implementation
Discuss specific needs with your employee
Work collaboratively to find solutions that work in your particular workplace
Remember that what's "reasonable and practicable" may vary depending on your workplace size and layout
Consider both permanent and temporary arrangements to accommodate breastfeeding parents
Managing resignations after parental leave
Sometimes, employees decide not to return to work after parental leave. Understanding the process helps manage this transition smoothly.
Notice requirements
If an employee decides not to return:
They must notify you at least 21 days before the end of their parental leave
If their employment agreement specifies a longer notice period (e.g., one month), then that longer period applies
They aren't required to inform you of this decision any earlier, though many will do so if they've decided well in advance
Employment end date and final pay calculations
When an employee resigns after parental leave:
The official end date of employment is considered to be their last day of work before parental leave began
Leave entitlements accrued during parental leave are not owed to the employee
Termination pay should be calculated based on entitlements that existed on their last working day
You can find more guidance in our article “How to calculate annual leave for final pay when an employee resigns after parental leave". Your payroll provider can assist with these calculations if needed.
How Crayon can help
At Crayon, we specialise in helping New Zealand employers develop parental leave policies and processes that support both their business needs and the wellbeing of their team members
Book a free policy review to chat with us about optimising your return-to-work processes for all parents in your organisation.
Now for the important legal part: This article provides general information only and should not be relied upon as legal advice. For specific guidance related to your organisation's circumstances, please consult with a qualified employment law professional. The information in this article is current as at 11 April 2025.
Stephanie Pow
Founder & CEO of Crayon
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