'There is no legal basis which would permit the authority to set aside the statutory eligibility criteria'
The Employment Relations Authority (ERA) has dismissed a woman's attempt to overturn a decision that declined her application for parental leave payments.
Amy de Vries sought a review after her application was declined for not meeting the minimum requirements, Radio New Zealand reported.
To qualify for parental leave payments, employees must work an average of at least 10 hours per week over any 26 weeks within the 52 weeks leading up to the baby's due date.
De Vries, whose baby was due on August 9 last year, applied for paid parental leave in April and was told of this requirement.
The employee, however, failed to work the minimum 10 hours per week requirement over 26 weeks, despite working a total of 296 hours over the period.
This led to the rejection of her application in July, which she raised to the ERA.
But ERA member Eleanor Robinson upheld the rejection of de Vries' parental leave payment application, RNZ reported.
Robinson said she fully understands the basis of the woman's application.
"However, Parliament has set a statutory requirement for eligibility for parental leave payments. Ms de Vries has not met the statutory requirement which is not only for a minimum hours, but for a period of weeks over which they must be worked," the ERA member said as quoted by RNZ.
"The authority cannot set aside statute. In those circumstances, I find that there is no legal basis which would permit the authority to set aside the statutory eligibility criteria."
