Parental Leave - Employment Relations Act 2000
N v Chief Executive if the Department of Labour
23 Oct 2008, L Robinson, AA 358/08, (6 pages)
PARENTAL LEAVE – Application for relief from irregularity under s68 Parental Leave and Employment Protection Act 1987 (“PLEPA”) – Respondent argued applicant ineligible for paid parental leave – Applicant took over care of niece’s baby then applied for adoption order - Year later adoption order granted and applicant applied for paid parental leave – Employer granted one year parental leave – Inland Revenue referred application to respondent – Respondent concluded applicant unable to satisfy eligibility criteria as did not commence maternity leave from date on which applicant first assumed care of child – Authority found material date was date when applicant assumed care of child and resolved to apply to adopt – Found s30 PLEPA limited extended leave to first anniversary of that date – Employer had granted parental leave although applicant not entitled to it at time application made – Found employer had given applicant incorrect advice to wait until adoption order formalised before applying for parental leave, and as result applicant out of time to apply – Found although employer permitted parental leave, was not obliged to under PLEPA provisions – Applicant not entitled to paid parental leave for purposes of s71D PLEPA – No irregularity, so no discretion to exercise Authority’s powers under s68 PLEPA – Application dismissed – Production assembler
Result: Application dismissed ; Costs reserved
