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MamaT View Drop Down
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    Posted: 21 September 2009 at 10:14am

I have just given my forms to my employer today but she is concerned about the dates.

My EDD is 1st January. I am planning on working right up till the 23rd Dec at this stage and as I have lots of annual leave at the moment I was planning on using that until I started my PPL payments kicked in - which would end up being about 27th January.

 

Does anyone know if I can do this? The HR lady thinks PPL has to start on my EDD and that I can't use any annual leave

 
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mummyofprinces View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mummyofprinces Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 10:45am
Nope, you cant totally use up all leave first.

My last day was march 27th, annual leave took me up until 1st May and my PPL started as of 30th April. My EDD was 15th April...

Check the website, cant remember it grrrr.. Will update when I do, though someone will probably link if for you before I remember! You can get to it via the IRD website from memory.


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cuppatea View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote cuppatea Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 10:48am
No she is talking out her backside, you can leave as early as 34 weeks and no later than 38 weeks. I also see absolutely no reason why you can't use your annual leave, after all it is your annual leave and you be able to use it whenever you like.

This is the site

http://www.ers.dol.govt.nz/parentalleave/

It has stuff for employers so it might pay to give this info to her as well

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T_Rex View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote T_Rex Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 10:53am
I rang the DOL about this, and apparently they've recently changed the rules (I think they should give you at least 9 months notice!!).

So yes, if you want the 14 weeks paid by government, it HAS to start no later than the earlier of your due date or babys birth date. If baby comes earlier than planned, while you are on annual leave, you have to pay back the annual leave up to the birth date to your employer in order to receive your PPL. What a ridiculous hassle!

You can no longer be on annual leave after your due date. Which sucks big time for me too, cos I had enough to get me $3k post due date, which its going to hurt not to get!
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cuppatea View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote cuppatea Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 11:01am
Oh that sux, why did they change it? what was wrong with the old way. Stupid government having to make things worse.
So are women suppose to take unpaid leave if they have no annual leave, or are we all suppose to work up until we go into labour now.

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mummyofprinces View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mummyofprinces Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 11:03am
OMG, when did they change that??? How stupid! Surely you can get paid out your annual leave before you go?????? How can they stop you taking leave? What about taking the accrued annual leave once PPL stops?????

Sorry not actually asking you, just the first thoughts that popped into my mind!


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ohanlon82 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ohanlon82 Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 11:05am
So basically i have about 4 - 5 weeks annual leave which i will have about the time when i go to leave

Do i have to use this basically before PPL kicks in..
I am planning on only finishing about 3 weeks out

So if i dont end up using it what happens to it???
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HoneybunsMa View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote HoneybunsMa Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 11:18am
Any annual leave that you have accrued is yours to use, as you see fit, if you subsequently leave after baby is here make sure you hadn in your notice after your PPL finishes as this will stop the payments. You will then get any annual leave paid out like any other job. You don't earn annual leave while on maternity leave paid or unpaid. Talk to your work you may be able to use your annual after the ppl finishes.


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mummyofprinces View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mummyofprinces Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 11:21am
Might be time to give them a call hun, I would be asking if you can cash up your annual leave before you go on PPL.

What happens if you choose to not go back??? The better be paying any accrued leave as at your last day at the full $ value!!!!


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ohanlon82 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ohanlon82 Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 11:32am
Yeah i will use about 3 weeks so will have 2 weeks left..

I am planning on going back... So either way i am not to fussed but would be nice and help DH and I out a bit

So basically unless you say you are leaving after PPL you wont get it paid out. So i need to kind of use as much as i can before i have the baby
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mummyofprinces View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mummyofprinces Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 11:44am
Hmm, did they change that too. When I went on PPL you did accrue annual leave, but at a $0 so if you didnt come back it wasnt worth anything but if you did come back you could take it like any other leave.... Sheesh, things sure have changed in the last 6 months!

No, I think it means that your leave will be there for you when you get back and if you choose not to return you will get it paid out just like you would if you resigned whilst still working.

Def worth asking your employer if they will let you take your leave after your PPL finishes.

I would be ringing DOL to clarify any questions you have.


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Bobbie View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bobbie Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 11:59am
Unless they've changed it if you come back after a year off on AL you will get $0 as the AL is calculated on the value of hourly rate worked over the previous year and not the value of hourly rate worked when you accrued it.

Even if you only take say 6 months leave you will still get your AL paid out at a reduced rate because of this.

So these recent changes really do totally suck! Basically the only way you can get the $$ is to take your AL right up to your EDD (while giving up on any extra days you accrue while on AL) and then hope like mad that the baby comes on the EDD or pretty close to it.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote T_Rex Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 1:21pm
Originally posted by melnel melnel wrote:

OMG, when did they change that??? How stupid! Surely you can get paid out your annual leave before you go?????? How can they stop you taking leave? What about taking the accrued annual leave once PPL stops?????

Sorry not actually asking you, just the first thoughts that popped into my mind!


I absolutely agree. Stupid stupid stupid! Not sure when they changed it, but I had this conversation with them about 2 weeks ago. But, I've asked all those questions too, so here is what they told me. I can take annual leave before my due date (and hope baby doesn't come early - if it does, I'll have to pay that back), or I can take annual leave after 14 weeks PPL if my employer agrees (they don't), BUT it is paid out at a lower rate because I haven't been paid by my employer for 14 weeks at that stage.

I found this out when I had 12 weeks work to go, and our HR policy is that you must take your annual leave before you go on maternity leave. Seeing as I'd been saving it all year, I had 5 weeks owing, and there was no way I could get everything I need to get done in 7 weeks instead of 12! So I/my boss have negotiated with HR to let me keep half of my annual leave until after I come back to work. You do still accrue leave whilst on maternity leave, but at $0. Apparently (here at least, this may be an internal HR policy not a government policy), once I come back, I have to use the annual leave that I accrued on maternity leave first (at $0), then once that is all gone, I can use 'normal' annual leave (on pay) and the days I have left over now will be added to the total of 'normal' leave.

So yes, if you want to use your annual leave, do so now cos you don't get anything out of saving it up! Wish I'd known that earlier in pregnancy!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote MrsH Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 1:29pm
You can also take your Annual Leave while on Maternity Leave (after PPL has finished) - I did this. My PPL finished at beginning of September and I took AL from beginning of September for a month and got a month's pay and then I will be back on Maternity Leave again at beginning of October.

I needed the money!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Febgirl Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 2:13pm
My understanding is that you can take your annual leave first, and PPL starts the same time as your paternal leave (not necessarily maternal leave - there is a difference)

Where it gets complicated is that you can't get PPL at the same time as annual leave, and you can't get maternity leave at the same time as annual leave, and maternity leave is the leave which you have to take when your baby is born, you can't start it later!

However you are still entitled to 52 weeks extended leave (and you can receive PPL while you are on extended leave - I am 100% sure of this) so if you are in the situation where you want to take annual leave after baby is born, then start receiving PPL once your annual leave is used up, you apply for extended leave, not maternity leave. E.g. if your baby is due 1 January and you have 6 weeks annual leave and start annual leave 2 weeks before due date, you would apply for extended leave for up to 52 weeks and your PPL payments to commence end of January (4 weeks after baby's due date, when your annual leave expires). No application for maternity leave required.

I'm not sure though if you only get 52 weeks from when your baby is born, so in the above example you would only get another 48 weeks off work from end January, not 52.

From the website ERS Parental leave have a look at Paid parental leave section.
Two little girls under 2!

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Febgirl View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Febgirl Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 2:24pm
I just re-read what I posted and it wasn't terribly clear, and I'm worried about those of you being pressured into taking early leave or missing out when you don't have to.

The key point I was trying to make is if you want to use up all your annual leave before you start getting PPL after baby is born you are entitled to do so - but you apply for extended leave, not maternity leave.

PPL can start anytime you are on extended leave, and extended leave can start anytime after your maternity leave finishes - so if you're not taking maternity leave then your PPL can start as soon as your extended leave starts after you've had the baby and you've used all your annual leave up.

Edited to add, oops forgot to mention the extended leave provisions are only applicable if you've been in current job for 12 months - if it's less than that then ignore the above as I'm not sure if it still applies.

Edited by Febgirl
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MamaT View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote MamaT Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 3:18pm

So Febgirl, instead of being on maternity leave I'd be on extended leave? What are the differences for me or my employer? Is it just that I am calling it something different?

That certainly seems like the best way at the moment.

 

The ers.dol.govt.nz website does state that "when you apply for paid leave you can choose when your payment commences" - therefore surely that means I can just apply for my 5 weeks annual leave from end of Dec to end of Jan and have PPL start after that?? 

 
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MamaT View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote MamaT Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 3:22pm

Oh and from the same website:

"extended leave is for a 52 week period... extended leave can start any time after the end of your maternity leave ... the right to extended leave ends when the child is one year old"

 

Think I'll talk to her about it again tomorrow.

 
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Febgirl View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Febgirl Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 4:24pm
Originally posted by Hope2Be Hope2Be wrote:

So Febgirl, instead of being on maternity leave I'd be on extended leave? What are the differences for me or my employer? Is it just that I am calling it something different?


That certainly seems like the best way at the moment.


 


The ers.dol.govt.nz website does state that "when you apply for paid leave you can choose when your payment commences" - therefore surely that means I can just apply for my 5 weeks annual leave from end of Dec to end of Jan and have PPL start after that?? 



No difference for your employer (other than paying you annual leave which you're accured anyway). Main difference is for people who want to take leave before baby is due, and don't have annual leave, then they can apply for 14 weeks maternity leave and start leave from 34 or 36 weeks pregnant, I'm not sure which - and you can't start maternity leave after your baby is born. PPL can commence at the same time as maternity leave, e.g. when you are 36 weeks pregnant.

I could be wrong here, but I think all up you are only entitled to a maximum of 52 weeks off work (14 of which can be PPL) - so if you wanted the full 52 weeks off and were starting maternity leave at 36 weeks, after your 14 weeks were up you would have an additional 38 weeks extended leave available.

So in your instance you would apply for your annual leave as per normal as if you were having a long Xmas break, then apply for extended leave from work from when your annual leave runs out in late January, and apply to IRD for your PPL to start at the same time as the extended leave.

Feel free to PM me and I can send you the info I was given if it's any help...

Edited by Febgirl
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tizzy Quote  Post ReplyReply Direct Link To This Post Posted: 21 September 2009 at 4:30pm
What about if you are currently working 8 hour days, but when you go back to work will only be working 4 hour days?

So if i currently had 10 days leave owing, would HR automatically change that to 20 days owing (at 4 hours a day) or am i likely to get shafted and get stuck with 10 days leave regardless?

Oh, makes head hurt!
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