Woman awarded paid parental leave for adopted child

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A woman denied paid parental leave for her adopted child by the Ministry of Business, Innovation and Employment has been awarded the payments after she took her claim to the Employment Relations Authority.

Cathryn Grey applied for paid parental leave before the baby she was to adopt was born.

Ms Grey was a self-employed child carer as part of Porse In-Home ChildCare Ltd.

She was selected by Child Youth and Family to adopt a boy due to be born on November 10, 2013.

Ms Grey stopped work on September 1, 2013 and a timesheet showed she was paid $437.50 on 18 August 2013 and $59.50 on 1 September 2013.

On October 15, 2013 the Ministry of Business, Innovation and Employment (MBIE) formed a view that because Ms Grey had not been working since 19 August, 2013 she was not eligible for the payments.

Authority member Michele Ryan said MBIE had misconstrued the legislation that said a self-employed person must work 10 hours each week before the leave began, and said Ms Grey was eligible for paid parental leave.

Ms Ryan said in a decision published today that it appeared Ms Grey finished work seven and a half weeks before she assumed care of the baby.

This was too early for her to finish work according to the Parental Leave and Employment Protection Act 1987, Ms Ryan said, but had she applied later, she would have been accepted.

She found that a self-employed person needed only establish that the hours of work undertaken could be averaged out as 10 hours or more per week.

"Ms Grey's time-sheet history establishes that she has satisfied this test," she said.

"I consider her early application can be characterised as a procedural irregularity from which relief may be available. Ms Grey has acted in good faith and this is a case in which it is reasonable for the Authority to grant relief."

In these circumstances MBIE was not able to lawfully decline Ms Grey's application for paid parental leave for the reason it gave.

Comment was being sought from both parties.