Annual + Maternity Leave
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Topic: Annual + Maternity Leave
Posted By: amykt
Subject: Annual + Maternity Leave
Date Posted: 25 July 2009 at 12:21pm
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Hi Ladies,
I'm trying to organise my leave from work and have come across some issues. I have 4 weeks annual leave owing and so planned to use this up before starting PPL through IRD. I'm leaving work at 38weeks so would have 2 weeks annual leave before bubs was born, and 2 weeks after bubs was born. PPL would then kick in when bubs was 2 weeks old. BUT, work has said that as soon as the baby is born it is counted as maternity leave and I can't use my annual leave. This means I won't be able to use the last 2 weeks of my annual leave and when I return after a year off it will be worth nothing! That seems incredibly unfair. Is this correct? Are they right or can I use my annual leave even after bubs is born? I will ring the department of labour on Monday to find out, but it's really annoying me and I'd love to know if any of you have the answer now so I don't have to wait til Monday! Thanks!!!  ------------- http://www.TickerFactory.com/"> 
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Replies:
Posted By: kebakat
Date Posted: 25 July 2009 at 12:32pm
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When I went on maternity leave i still had some annual leave owing (only a couple of days but still something).. I had half assed intended on returning to work after my maternity leave but ended up resigning.. my annual leave that I had owing before I went on maternity leave was paid out to me at what it was worth before I went on maternity leave.
The annual leave that I had built up while on maternity leave however was worth nothing. I would think that what you have left owing now should still retain its $ value if you have earnt this prior to going on maternity leave. |
Posted By: HoneybunsMa
Date Posted: 25 July 2009 at 12:57pm
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No idea sorry but I know that you can apply for your maternity leave after you have started it and they backdate it to the date that you put. All I know is that you have to give your work three months written notice that you will be finishing work and that they are to write down what day you are taking your maternity leave from not what day you start your actual leave (you may leave at 36weeks and take 4weeks holiday pay etc then your maternity leave starts after that. My work just paid out my annual about 2 1/2 mths before I was due as I wasn't working as only on a casual contract and they didn't need me. Still qualified for ppl too which was a bonus While on PPL or maternity leave you will not be entitled to earn any leave as you actually won't be working, much like if you take leave anyother time whether it be annual or leave without pay. Don't know if that helps at all? ------------- http://www.myfitnesspal.com/weight-loss-ticker"> 
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Posted By: T_Rex
Date Posted: 25 July 2009 at 12:58pm
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I have to take all my annual leave before starting maternity leave. I should have about 5 weeks owing by December, and am planning to work up to 39 weeks. Given I *hopefully* won't have to use annual leave for the stats and extra paid leave days over christmas, bubs will hopefully be about 5 weeks old before I start maternity leave officially (even better, my work pays 6 weeks maternity leave on full pay after all annual leave is gone), so baby will be 11 weeks old before I start my government paid leave. I haven't filled the forms in or anything yet, but work has had the system in place for several years at least so surely its legal?
So I think your work is mistaken. But it may be something individual companies have different policies on. ------------- http://lilypie.com">  http://lilypie.com">
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Posted By: MrsH
Date Posted: 25 July 2009 at 1:56pm
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I had a similar issue - I wanted to take 4 weeks AL starting at 38 weeks but I rang DOL and they advised that the PPL (Paid Parental Leave) kicks in on the day you leave work or the day your baby is born whichever comes later. They also said (and I'm not sure if this is correct) that I couldn't get paid PPL and wages from AL at the same time because effectively I would still be an employee. So I ended up having to take 2 weeks AL, then 14 weeks PPL and have taken 4 weeks AL when the PPL finishes (so I get a months pay). And then the unpaid Maternity Leave will start. ------------- http://lilypie.com">  http://lilypie.com">
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Posted By: pickle
Date Posted: 25 July 2009 at 3:07pm
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wow T_Rex you sound like you work for a fab company wish they were all like that.
My maternity leave started after I had Grace and didnt have any holidays owing so not sure sorry ------------- http://lilypie.com"> 
http://lilypie.com"> 
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Posted By: lilfatty
Date Posted: 25 July 2009 at 6:31pm
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I took my annual leave before my PPL kicked in, I just put the date my annual leave finished on my PPL papers and PPL started from that date.
Seems a tad strange that they think bubs being born = maternity leave .. how do you know bubs is going to be on time anyway? It could be two weeks late, so you would be entitled to those four weeks annual leave according to their logic. ------------- Mummy to Issy (3) and Elias (18 months) I did it .. 41 kgs gone! From flab to fab in under a year  http://www.femininefitness.co.nz/category/blog - LFs weight blog
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Posted By: Pinkygirl
Date Posted: 25 July 2009 at 6:38pm
| I took 25 days anual leave when I finished work at 38 weeks then my PPL leave kicked in after that.. I states on the information you get with the PPL forms that you state when PPL is to start after the anual leave is finished (if it is to be taken) |
Posted By: xLUCKYx
Date Posted: 25 July 2009 at 9:14pm
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That sounds wierd - I was on annual leave when Tane was born and I still got my PPL as well. I just put the start date of my PPL as the date that my AL ran out - I thought you could start PPL up to 6 weeks after baby was born?
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Posted By: whitewave
Date Posted: 25 July 2009 at 9:23pm
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That sounds weird to me too!
I also had 4 weeks annual leave that I planned to use before PPL kicked in. Campbell arrived 4 weeks early - I'd only had 1 week off when he was born, so still had 3 weeks of annual leave left before PPL started. |
Posted By: Muz
Date Posted: 25 July 2009 at 10:07pm
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that really doesnt sound right. on my forms i said i was taking 2 weeks AL and then put the starting date for PPL/maternity leave after that 2 weeks. Dani came 4 weeks early and I still got my 2 weeks AL paid and then the PPL started. I had filled in my forms well in advance and had received the OK letter from IRD stateing the dates. I never notified them that Dani came early and I cant imagine they would be bothered to check to be honest. ------------- http://lilypie.com"> 
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Posted By: T_Rex
Date Posted: 26 July 2009 at 9:46am
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The DOL website says you can get PPL from 6 weeks BEFORE bubs is born (or due? I can't remember), but doesn't say if there is a deadline for afterwards. It does say you can't start PPL until you have finished AL, but nowhere does it say PPL must start the day baby arrives.
Let us know what they say when you ring them ------------- http://lilypie.com"> http://lilypie.com">
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Posted By: Joscia
Date Posted: 26 July 2009 at 11:53am
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Unfortunately your work is right.
I called the DOL when I was sorting out my PPL and they confirmed it. Apparently you HAVE to be on PPL from the date that the baby is born, rather than on AL. I got around it because the HR dept at my work are awesome and thought that the rule was ridiculous - so they let me use up my 2 weeks of AL before the PPL - but technically they shouldn't have done it. |
Posted By: happymumma
Date Posted: 26 July 2009 at 12:58pm
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That's very odd - I had no issues taking all my annual leave before starting ppl. I didn't have to check it - just did it with no questions asked. Ollie was two weeks early so I had two more weeks of annual leave and then ppl started straight afterwards when he was two weeks old.
I would be asking your work to pay you out for your annual leave then as legally surely you are entitled to it. Seems like a ridiculous rule to me even if it is what you're meant to do!! |
Posted By: Bexee
Date Posted: 26 July 2009 at 1:21pm
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I'm not sure whether this is right or not... but work and DOL have told me it's okay to take annual leave first then the PPL. I finish work on Friday and am on 5 weeks annual leave (due August 18) and so won't be starting my PPL until a few weeks after his due date. I've received the letter back from IRD confirming payments start October so there doesn't seem a problem.
My understanding (and I could be really wrong) is that you can't receive annual leave and paid parental leave at the same time but as long as you're not doing that you're okay. |
Posted By: newme
Date Posted: 26 July 2009 at 4:07pm
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I used to work in Human Resources.
You can start maternity leave up to 6 weeks before your due date. Request it to start when you are 38 weeks pregnant, and have your annual leave owing paid out to you (like when you leave a job). Tell your employer if they have a problem with it you will get someone from the Department of Labour to come and mediate with them. I am sure they won't want that :) |
Posted By: amykt
Date Posted: 26 July 2009 at 5:37pm
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Thanks guys for all your responses - I'm still as confused as ever so will call the DOL tomorrow morning and let you know what they say! Will be interesting for sure! ------------- http://www.TickerFactory.com/">
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Posted By: tibby
Date Posted: 27 July 2009 at 10:56am
| Hi, l finished my PPl last week and am now having my A/L paid out 1 day a week til l go back to work in Jan. |
Posted By: Stogglebox
Date Posted: 27 July 2009 at 2:19pm
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I took PPL and then I took 1 week of annual leave before coming back to work (that was after 6 weeks of leave without pay) so couldn't you just do that? So technically I was back at work 1 week before I was actually back, but using annual leave for that week. If you take the annual leave AFTER PPL then it shouldn't be a problem?? ------------- Mother of Natsumi Sarah born on 23 January 2009 |
Posted By: crafty1
Date Posted: 27 July 2009 at 3:53pm
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hmmmm i'm very interested in this as i have 260 hours AL owing and i only work 16 hours a week so could go on AL for 16 weeks. I'd rather they just paid it out tbh but they won't. I haven't told work that i'm pg yet but will have to negotiate something with them as i can't go on AL 16 weeks ahead of my due date. Well i could i guess but would rather not. Our payroll are useless at communicating so you get a different answer every time you call. Can you make them pay it out to you if you are finishing up? ------------- http://lilypie.com">  
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Posted By: rachelsea
Date Posted: 28 July 2009 at 11:22am
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Hey, you probably already have your answer by now, but I had 4weeks and 2 days annual leave owing to me and was allowed to take that before PPL kicked in. My AL started on Feb 19th, and my baby was born on Feb 20th! So she was already 4 weeks old before the PPL started... ------------- DD 4yrs DS 2yrs http://lilypie.com" rel="nofollow"> 
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Posted By: amykt
Date Posted: 28 July 2009 at 5:26pm
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Ok Ladies - this is the answer (which I've changed a bit since yesterday as had another chat with DOL!):
There are 2 types of parental leave (both unpaid): Maternity Leave - 14 weeks which must start at the latest the day the baby is born, but can start up to 6 weeks before bubs due date. Extended Leave - maximum 52 weeks which can start/end any time in your baby's first year of life. PPL is quite separate and can be paid out either during your Maternity Leave or Extended Leave. You cannot take annual leave and Maternity Leave at the same time, but you can take annual leave and Extended Leave at the same time. So, what I will do is forgo maternity leave and take just extended leave from bubs birthdate to his first birthday = 1 year. I can use up any of my annual leave still owing during this time, and then once my annual leave has run out I can get my 14 weeks PPL. So long as I'm not receiving annual leave payments and PPL payments at the same time, it's sweet. I'd definitely recommend you ring the DOL if you have any questions because they were so lovely and helpful and really knew what they were talking about. If you email them they also get back to you the next day if you'd rather do that. Hope that helps! ------------- http://www.TickerFactory.com/">
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Posted By: Febgirl
Date Posted: 04 August 2009 at 2:38pm
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Thanks Amy, I'm just going through this at the moment and your post was incredibly helpful.
I'll be doing the same thing (forgoing maternity leave in order to use annual leave, then going onto extended leave and getting PPL then). ------------- Two little girls under 2! 
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Posted By: myonlineself
Date Posted: 04 August 2009 at 3:33pm
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This is all interesting, didn't realise it was so complicated, I too am currently sorting mine out. My plan is to take 4 weeks annual leave before due date and then 14 weeks PPL after that, with the rest of the year as extended leave.
That's what most people at my work seem to do. To whoever asked about just getting your leave paid out - if you resign rather than taking leave then your work has to pay you out, but if you just take leave, then no, they won't pay it out. ------------- http://lilypie.com"> 
http://lilypie.com"> 
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