If you’re self-employed

What you’re entitled to

You can get parental leave (previously known as maternity leave) payments from Inland Revenue if you meet the payment threshold criteria.

You’re entitled to up to 26 weeks' parental leave payments while you’re not working so that you can care for your child. If you have a premature baby, you may be able to get preterm baby payments as well.

You do not have to be a citizen or a permanent resident of New Zealand to qualify for parental leave payments. However, there does need to be sufficient connection to New Zealand. Examples of this can vary and may include your employment being carried out in New Zealand and subject to New Zealand employment and tax laws.

Who can get parental leave payments

If you’re self-employed, you are eligible for parental leave payments if you:

• are giving birth, or becoming responsible for the care of a child under the age of 6 years, and
• can show you’ve been self-employed for at least 10 hours a week on average, for at least 26 of the 52 weeks before the child is born or enters your care.

A self-employed person can also have parental leave payments transferred to them from their spouse/partner, in which case they’ll need to:

• have been self-employed for at least 10 hours a week on average, for at least 26 of the 52 weeks before the child’s expected date of delivery
• have primary responsibility for the day-to-day care of the child
• stop working during the period they receive parental leave payments.

If you are both an employee of an organisation and run your own business as a self-employed person, you cannot combine these hours to meet the parental leave payment threshold test. You must meet the threshold test and be eligible either as an employee or as a self-employed person.

Parental leave payments

Preterm baby payments

If your baby is premature, you might be able to get preterm baby payments as well as your parental leave payments.

Preterm baby payments are available if you’re:

• caring for a baby who was born before the end of 36 weeks gestation 
• eligible for parental leave payments.

You can get preterm baby payments for up to 13 weeks continuously, at the same rate as the parental leave payment.

You’ll need to apply to Inland Revenue (IR) for preterm baby payments, using the same form as you would for parental leave payments.

Preterm babies and paid parental leave – Inland Revenue(external link)

If you are a birth mother or surrogate

If you’re pregnant or have given birth to a baby who will not remain in your care, you are still entitled to parental leave payments if you meet the eligibility criteria.

In a surrogacy situation, both the birth mother and the new primary carer are fully entitled to primary carer leave and parental leave payments (if they meet the eligibility criteria). The birth mother's entitlements do not end when she hands over care of the child.

Who can apply for paid parental leave – Inland Revenue(external link)

Parental leave payments for self-employed

Applying for parental leave payments

You will need to apply to Inland Revenue (IR) for parental leave payments. We suggest you apply as early as possible to make sure your whānau does not miss out.

If you have surrogacy arrangements or are taking a child under the age of 6 years in your care, please be aware that parental leave payments do not commence until the date the child comes into your care.

Apply for paid parental leave – Inland revenue(external link)

Getting parental leave payments again

As long as you meet the eligibility criteria above, you can receive parental leave payments every time you have a baby, or a new child under the age of 6 years comes into your care, so long as there is a 6-month gap between payments.

You cannot be eligible to receive a parental leave payment for a child if the start date is within 6 months of the end date of parental leave payments received for another child. The start date for payments is set in legislation and can only be delayed in some circumstances.

This includes stillbirth and miscarriages. If you have a stillbirth or miscarriage and you were receiving parental leave payments, you need to have a 6-month period without payments between the end of the period for those payments and the start date of parental leave payments for another child.