This is a healthy trend we have noticed over the last year or so.
Members tend to start looking for information on parental leave if they or their partner are having a baby and are quite often confused by the information they initially receive, because the provisions are complicated and often misunderstood by supervisors.
Parental leave entitlements are set out in the Leave General Instructions for sworn members and the Collective Agreement for non-sworn members.

So what are your Parental leave entitlements?
The basic entitlements come from the Parental Leave and Employment Protection Act 1987 but with an ex-gratia payment added to encourage members to return to work after having a child.
Parents get up to a year’s leave for the birth and caring for a child.
To make the provisions administratively easy (but harder to read), leave is divided into the following three categories under the general heading of “parental leave”:

•      maternity leave - for the mother to cover the birth (up to 14 weeks)

•      paternity leave - for the father to cover the birth (up to 2 weeks)

•      extended leave - to look after the new-born child up to their first birthday (up to 52 weeks less any maternity and paternity leave taken)  

The total amount of leave available is 1 year or 6 months if the member has worked less than a year. This is made up of a total of all maternity and extended leave taken.
The entitlements also apply to parents adopting a child.
All parental leave is unpaid - subject to the governmental legislative change proposed for next year.

Maternity leave
Maternity leave, which is counted as part of the 1 year’s total leave entitlement, is for up to 14 weeks and is usually begun up to 6 weeks’ before the birth.
Predicting your delivery date is not an exact science by any means, and expectant mothers often need time off work before the birth for rest or for medical reasons.
If, due to medical reasons, the mother has to stop work earlier than 6 weeks before the birth, the extra time off does not count towards the 1 year total leave entitlement.
Police policy allows flexibility of duties during pregnancy for the safety of mother and baby (see the Pregnancy Policy in General Instructions).

Paternity leave
Fathers are allowed two weeks’ paternity leave but members usually prefer to use annual leave because paternity leave is unpaid. Paternity leave is used as more of a backstop entitlement if there is some difficulty in getting annual  leave.

Extended leave
Extended leave may be shared between the parents in turn.
Parents choose whether to divide the leave between them or if it will be taken by one parent only.

Sick Leave

Members can use their sick leave to care for a partner recovering from a caesarean. This is called “sick leave in the event of family illness”. The key criterion is that the partner is dependent upon the member to care for them.

Police are applying a guideline of 5 days per year for sick leave in the event of family illness. In the Association’s view, a member can take more leave if necessary. Once again we are seeking to clarify this with the Administration and should a member have any difficulty with taking extra leave they should contact their Association representative.

Sick leave in the event of family illness should be managed in the same way as other non-standard sick leave - a medical certificate needs to be produced explaining that the partner is dependent upon the member.  

Advance notice of Parental Leave Required

Advance notice of the intention to take parental leave must be given. Sworn members must give at least 3 months notice while non-sworn can give 1 month.

Male police members must also provide a written assurance from their partner that they will assume care for the new baby when giving notice of their intention to take extended leave. This written assurance is always required regardless of individual circumstances.

Keeping your position open
An important right for people taking parental leave is having their job held open during their period of parental leave.
Jobs have to be held open for members unless it is a “key” position.
There are very few “key” positions in the Police - a “key” position is defined as a job, which cannot practicably be filled temporarily while the member is on leave.
Members have to be told before going on leave if the Police think the job is a key position and there is a process in place to dispute this.
Members should talk to their Association representative if their job isn’t being kept open.

Promotion and restructuring
Members on parental leave have the right to apply for promotion.
They can also have their position restructured while they are on leave – but the Police have to comply with all the normal consultation and notice obligations before this can happen.

Ex-gratia payments
Members of Police who return from parental leave and work for 2 months are entitled to an ex-gratia payment of 30-days pay.
However, they would be required to partially refund Police if they ceased employment before the expiry of a further 4 months.
If the member takes less than 6 weeks off, the payment is pro-rated (6 weeks = 30 working days).
If the member’s spouse also works in the Police or in the public service, only one of them can be paid the ex-gratia payment.
A female police officer qualifies for a second 30-day payment if she takes more than 12 weeks off and returns to work for a year.
This is only available to mothers as an “affirmative action” to measure to encourage women back into the Police. This measure is permitted by the law.

Returning to work
A number of mothers in particular, but increasingly more fathers, seek a period of part-time duty after returning from parental leave.
This is called Flexible Employment Options (FEO) and is covered by General Instructions.
Members need to have at least begun negotiating their FEO by the time they give notice of returning to work at the end of their parental leave and Association representatives often assist members with this.

Sharing leave

Parental leave has 3 categories:

•      maternity leave - for the mother to cover the birth (up to 14 weeks)

•      paternity leave - for the father to cover the birth (up to 2 weeks)

•      extended leave - to look after the new-born child up to their first birthday (up to 52 weeks less any maternity and paternity leave taken)  

Partners can take up to a total of 52 weeks parental leave between them, made up of maternity/paternity leave and/or extended leave.

Maternity leave can commence up to 6 weeks prior to the baby’s due date, Paternity leave commences from the day labour begins, and Extended leave can commence from the day of labour or at the end of any maternity/paternity leave taken.

The key is that the total parental leave taken cannot exceed 52 weeks.

What mix of parental leave makes up this 52 weeks is up to members.

For example, Kate and Hamish Smith both work for Police. Kate goes on maternity leave for 3 weeks (with baby Conan being born in the third week). This leaves 49 weeks. Kate then goes on extended leave for 23 weeks before going back to work. On Kate’s return to work, Hamish goes on extended leave for the remaining 26 weeks.

This is just one possible example. Members can choose to take paid annual leave rather than unpaid maternity/paternity leave. For example, Kate could have taken 3 weeks annual leave instead of maternity leave. Similarly, Hamish could have taken 2 weeks annual leave from the day of labour rather than paternity leave. This would mean that Kate and Hamish could then share 52 weeks extended leave between them.

Generally, parents sharing care have turns in taking extended leave.

However, under the parental leave legislation (section 28) they can take it at the same time if they wish. Non-sworn employment conditions permit this, however as sworn general instructions are not so clear, we will clarify this point with the Administration. The maximum total of extended leave is still 52 weeks. For example, Rebecca and Wiremu Jones are non-sworn members of Police. They decide to take extended leave at the same time from the day of labour. Rebecca takes annual leave up to the birth and then takes 16 weeks extended leave to care for baby Aroha and Wiremu takes 14. This equates to 30 weeks of the total

52 weeks leave allowed for parental leave.

Parental leave can also be taken when the partner does not work outside the home or is on some form of paid leave (i.e. annual or sick leave). For example, Glenn Watts works for Police while his partner Tali is at home caring for their two children. Glenn takes 6 weeks extended leave a week after the birth to care for new born baby Myles, while Tali focuses on the other two children.

What Does Paid Parental Leave Mean For Our Members?

The paid parental leave BiII come into effect on 1 July, 2002, after amendments to the Parental Leave and Employment Protection Act, were passed by Parliament early April 2002
Here we take a took at what this means for members.

WHO IS ELIGIBLE?

Members are eligible for paid parental Leave if:

• They have been working for the NZ Police for 12 months before the baby's birth. Any part time staff must have been working for at Least 10 hours per week or’ average; and
  

• The baby is due or born on or after I July 2002; or
  

• The adoption of a child under 5 takes place on or after I July, 2002

Eligible members can start parental leave before 1 July, 2002 but the 12 week payment may be made after that date. Paid parental leave entitlements go to the mother of the baby. However, she can transfer all or part of her leave entitlements to her partner (including a same sex partner) - if they are eligible for parental leave, in the case of adoption, the two parents decide which one of them will go on paid parental leave (assuming both are eligible).

HOW LONG IS THE LEAVE FOR?

Paid parental Leave is for 12 weeks and the leave must be taken in one block i.e. an employee cannot take 4 weeks paid parental leave, return to work for 3 weeks and then take 8 weeks paid parental leave. After this, standard unpaid parental leave can be taken for up to a total parent paid parental leave tally of 52 weeks.

Parents can share paid parental leave if both are eligible for parental leave. However, the total paid parental leave taken cannot go over 12 weeks. For example, the mother can take 10 weeks paid parental leave and then transfer the Leave to the farther for 2 weeks. 

HOW MUCH IS THE PAYMENT?

The maximum payment before tax is $346.63 per week or $18,024.76 per year. This is $5.00 per week more than the statutory minimum wage. For people earning the same or above this amount they will receive $325 gross per week. For those earning Less than this, they will receive 100% of what they normally earn (for example, part timers).

Payments will be made in arrears beginning after an employee starts her (or his) paid parental leave. Payments continue for as long as the mother or father is on paid parental leave. For example, if 10 weeks paid parental leave is taken - only 10 weeks will be paid out.

EX-GRATIA PAYMENT

The ex-gratia payment should not be affected, It is different from the paid parental leave payment.

Paid parental leave recognises the Loss of Income when one parent is away from work on parental leave. The payment aims to partly compensate working families for this loss of income.

Ex-gratia payments which are a common entitlement of government employees, aim to encourage employees o come back and stay at the organisation. In this way employers Like Police keep experienced staff and reduce the costs associated with these staff leaving.