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'It's been horrible' - Christchurch father struggling after initially denied paid parental leave following partner's death in child birth

A Christchurch father has told 1 NEWS he's struggling after originally being denied paid parental leave due to a loophole in the law, after his partner died during childbirth.

The Government has moved to pay the widower and is looking to change the law. Source: 1 NEWS

Keith Falconer is welcoming a review of the Parental Leave and Employment relations Act, to ensure other people don't go through what he has.

His baby son is still in hospital and is expected to be there for another four or five weeks.

His partner hadn't been working before the baby was born, therefore there was no leave entitlement.

"I had to work it out in my head. How will I support my family? How do I make this work financially? So that's why I contacted MBIE, to find out where I stood with paid parental leave.

But I was shocked to get a call to say 'sorry, you're totally ineligible,'" he told 1NEWS.

The Prime Minister today said she was concerned about the case.

"I think everyone wants to see that support in place and I have to say I was baffled when I read it, and really concerned."

He's now been told the payment will be handled by IRD, but that he will be back paid.

"MBIE officials worked incredible hard to find a way to provide paid parental leave to this gentleman. Under the current legislation they weren't able to do it, so they found a work around and we need to look at that legislation," Workplace Relations Minister Iain Lees-Galloway said.

"It will change our lives. It gives me the opportunity to be a father to my son now," Mr Falconer said.

"If anyone is ever in this situation that they won't have to go through this, cause I've been through the mill over the last five days. It's been horrible."

The Minister told reporters the Parental Leave and Employment relations Act needs a technical review.

"This has exposed a gap in the legislation, which is something we will need to address."

Keith Falconer told 1NEWS he hopes the review happens soon, so no one else slips through the cracks.