Parental leave in special circumstances: A guide for NZ employers

8 Apr

Many pregnancies go smoothly. But some don't—and when things become difficult, your support as an employer matters more than ever.

This guide explains your employees' statutory entitlements under special circumstances and provides practical steps for supporting your team during these high-stress moments.

Special circumstances covered in our guides:

Miscarriage and stillbirth

Premature birth

Fertility treatments and IVF

Pregnancy complications

Twins/multiples

Termination

Adoption

Fostering and Home for Life

Surrogacy

Best practices for employers

For intended parents

Flexible timing: Allow flexibility around the birth date, which can be unpredictable.
Pre-birth leave: Consider allowing leave for important milestones, such as ultrasound appointments.
Additional leave: Offer extended leave options beyond statutory requirements.
Gradual return: Support phased return-to-work arrangements.

For surrogate mothers

Accommodations during pregnancy: Consider workplace adjustments as needed.
Flexible leave arrangements: Recognise that the surrogate's needs differ from a typical pregnancy.
Privacy considerations: Respect confidentiality about the surrogacy arrangement.

Creating a supportive policy

An inclusive parental leave policy should specifically address surrogacy:

Include provisions for both intended parents and surrogates.
Clarify how leave transfers from surrogate to intended parents.
Outline any additional support your organisation offers.
Provides information about EAP services and external support resources, such as Fertility New Zealand and ECART.

Need a hand improving your policy or modelling the cost?

Gain our insights from creating the largest NZ database of verified parental leave policies, a growing number of which include provisions to support surrogates.

👉 Use the Parental Leave Costing Tool

👉 Book a free policy review

Now for the important legal part: The information we provide is general and not regulated financial advice for the purposes of the Financial Markets Conduct Act 2013. Please seek independent legal, financial, tax or other advice in considering whether the content in this article is appropriate for your goals, situation or needs. The information in this article is current as at 7 April 2025.