| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 147 |
| Determination date | 29 April 2013 |
| Member | R A Monaghan |
| Representation | T Kiernan (in person) ; A Leulu |
| Parties | Kiernan v Chief Executive of the Ministry of Business, Innovation and Employment |
| Summary | PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Authority found while applicant told in general way could take child applicant intended to adopt home, discussion not social worker’s approval and no letter of confirmation provided – Found no interim adoption order made by court when applicant took child home – Found child not otherwise lawfully in applicant’s home under s6(4) Adoption Act 1955 as blood relationship between applicant’s partner and child’s mother did not fall within relevant categories of relative – Found applicant’s notice to employer wished to take parental leave at best defective and at worst invalid – Authority noted as between applicant and applicant’s employer, applicant on parental leave and fresh application by applicant for PPL with required letter from social worker or copy of interim adoption order sufficient to make applicant eligible employee entitled to PPL – Applicant to provide respondent and applicant’s employer letter required from social worker or copy of interim adoption order before applicant returned to work |
| Abstract | Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”). Applicant’s partner and applicant agreed to adopt child of family member of applicant’s partner. Applicant sought advice and informed no steps could be taken in adoption process until child born. Applicant and partner took child home soon after birth and applicant began adoption process. Applicant granted parental leave by employer but respondent claimed applicant not employee eligible for PPL as had not taken formal steps under Adoption Act 1955 when took child home.;AUTHORITY FOUND –;PARENTAL LEAVE: Applicant required to give notice of wish to take parental leave to employer. In adoption situation, applicant could give notice where child’s placement in applicant’s home approved by social worker, where court had made interim adoption order or where child otherwise in applicant’s home lawfully under s6(4) Adoption Act 1955. While applicant told in general way could take child home when child born, discussion not social worker’s approval and no letter of confirmation provided. No interim adoption order made by court when applicant took child home. Child not otherwise lawfully in applicant’s home under s6(4) Adoption Act 1955 as blood relationship between applicant’s partner and child’s mother did not fall within relevant categories of relative. Applicant had not taken formal steps under Adoption Act 1955 and child not in applicant’s home with view to adoption. Applicant’s notice to employer wished to take parental leave at best defective and at worst invalid. Authority noted as between applicant and applicant’s employer, applicant on parental leave and applicant able to make application for PPL before date applicant to return to work. Applicant acted in good faith and fresh application for PPL with required letter from social worker or copy of interim adoption order sufficient to make applicant eligible employee entitled to PPL. Applicant to provide respondent and applicant’s employer required letter from social worker or copy of interim adoption order before applicant returned to work. Leave reserved for parties to raise any difficulty in applying original PPL application to new PPL application. |
| Result | Orders made ; Costs reserved |
| Main Category | Parental Leave |
| Statutes | Adoption Act 1955;Adoption Act 1955 s2;Adoption Act 1955 s6;Adoption Act 1955 s6(1)(a);Adoption Act 1955 s6(1)(b);Adoption Act 1955 s6(4);Parental Leave and Employment Protection Act 1987;Parental Leave and Employment Protection Act 1987 s8;Parental Leave and Employment Protection Act 1987 s31;Parental Leave and Employment Protection Act 1987 s33;Parental Leave and Employment Protection Act 1987 s68;Parental Leave and Employment Protection Act 1987 s71CA;Parental Leave and Employment Protection Act 1987 s71D;Parental Leave and Employment Protection Act 1987 s71I;Parental Leave and Employment Protection Act 1987 s71ZB |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_147.pdf [pdf 177 KB] |