Woman wins battle for paid parental leave

The decision has been reversed by the Employment Relations Authority. Photo / Thinkstock

A Fijian woman denied paid parental leave after adopting a baby from her home country has had the decision reversed by the Employment Relations Authority.

Famina Khan adopted the baby of a family friend in Fiji in May 2014. She had to spend three months in Fiji with the baby before the adoption could be formally registered.

Her employer, Oceania, granted her paid parental leave, but the Ministry of Business, Innovation and Employment (MBIE) declined her application.

MBIE said Mrs Khan had failed to give proper notice of the adoption and didn't meet the legislative requirements of taking care of the baby with the view to adopt in accordance with New Zealand law.

Mrs Khan submitted that MBIE was wrong to decline the application because Mrs Khan and her husband remained Fijian citizens and the adoption occurred under Fijian law, not New Zealand law.

Authority member Michael Loftus found in Mrs Khan's favour.

"I am satisfied this is a properly authorised Fijian adoption by Fijian citizens," Mr Loftus said.

He said when Mrs Khan applied for paid parental leave she was intending on completing the adoption process.

He was satisfied that their Fijian citizenship did not disqualify them from applying for paid parental leave under New Zealand law.