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A mother who misunderstood the paid parental leave rules and missed out on payments as a result has had that decision overturned by the Employment Relations Authority.
Jenner Feldberg went to the authority over Inland Revenue’s decision to turn her down.
She is self-employed and worked two to three hours a day, receiving a shareholder employee salary of $43,600 plus $7000 in Government subsidies in the year to March 31, 2021.
Paid parental leave is paid at a rate that matches someone’s ordinary pay up to a maximum rate.
READ MORE:
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* Mother discriminated against by employer for being pregnant wins paid parental leave
At present, the maximum rate is $661.12 a week before tax.
Feldberg had a baby on May 7, 2021 and returned to work in October on reduced hours, and then resumed her normal work patterns in December.
She applied for paid parental leave on May 6 the following year and was declined because she was back at work before she made the application.
Feldberg argued she had misunderstood, and after discussing the parental leave requirements with her accountant, had thought she could not apply until the business accounts for the year were finalised and she knew what her income was.
She thought she could apply any time up until her child’s first birthday.
The Ministry of Business, Innovation and Employment set out the requirements for paid parental leave for the authority.
It said she was likely to have met the criteria as an eligible self-employed person but had not applied appropriately.
It acknowledged that the ministry had some discretion to approve an application despite an “irregularity” but felt it could not do so in this case.
It acknowledged that Feldberg received advice from her accountant and was under the misapprehension that her income tax return had to be filed first. But it said she did not take any other steps or seek further advice.
Authority member Geoff O’Sullivan said it was reasonable that Feldberg had relied on her accountant’s advice.
“What is clear is her understanding of that advice is the sole reason for not making the application in time.
“I consider it appropriate to exercise the authority’s discretion and reverse the decision that Feldberg is not eligible for paid parental leave entitlements.”
He said the ministry should take the necessary steps to ensure she was paid as soon as possible.
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