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This sample letter is to be used when an employee is returning from parental leave with different working arrangements from prior to commencing parental leave.
Under the National Employment Standards, an employee who is returning from parental leave has the right to return to their pre-parental leave position. If the employee's former position no longer exists, the employee is entitled to return to an available position for which the employee is qualified and suited nearest in status and pay to the pre parental leave position.
Employees also have the right to request flexible working arrangements if they have 12 months of continuous service with the employer immediately before making the request. The right to request for casuals is limited to those who have been employed by the employer on a regular and systematic basis during a period of at least 12 months and have a reasonable expectation of ongoing employment. The employer may refuse the request on reasonable business grounds.
It is common for employees to request to return to work part-time following parental leave. Often, employers will agree to a permanent change to the employee’s contract of employment to allow for part-time work. If the employer is uncertain whether a part-time arrangement is workable, a trial period may provide both the employer and the employee the opportunity to explore this option.
Alternatively, it might be agreed that the part-time arrangement will be set for a temporary period after which time the employee will revert to their pre-parental leave position.
Guidance notes and instructions are shown italicised.
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|09/12/2019||This letter has undergone a periodic review. No significant changes have been made.|
This letter has undergone a periodic review. No significant changes have been made.
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