Ministry of Business, Innovation and Employment ordered to pay woman parental leave despite her not starting new job

The Ministry of Business, Innovation and Employment (MBIE) is being ordered to give a woman her paid parental leave entitlements – despite not working a single day for her new employer. In a recent decision, the Employment Relations Authority said Shannen Rogers had earlier this year asked for a review of the ministry’s decision to reject her paid parental leave (PLP) entitlements. Authority member Shane Kinley said in the decision MBIE claimed Rogers didn’t meet its eligibility criteria, with the ministry saying she was required to be “employed for an average of 10 hours per week in 26 of the 52 weeks immediately preceding her estimated date of delivery”. But Kinley said evidence submitted to him showed Rogers had a relationship with a company to commence work for them between February and March but the start date was pushed back multiple times due to Cyclone Gabrielle. That prevented her from starting work with her new company. “I consider that it is appropriate to take the period of time that Ms Rogers was ready, willing and able to perform work for the company into account in determining her eligibility for a PLP,” Kinley said. The evidence before him showed Rogers met the requirements, he said. “I find that Shannen Rogers is entitled to a PLP on this basis,” said the decision. “The evidence before me suggests that Ms Rogers is entitled to a PLP… however, leave is reserved for MBIE to present further evidence if it considers that is not the case.” New Zealand employees are entitled to a maximum of 26 weeks PLP, should they meet certain criteria. “An employee meets the test if they will have been employed as an employee for at least an average of 10 hours a week for any 26 of the 52 weeks just before the due date of the baby or the date they or their partner becomes the primary carer of the child under 6 permanently,” Business New Zealand said. “The employment for this test can be with more than one employer and doesn’t have to be continuous employment.”