66Return to work after parental leave

#### 66 Return to work after parental leave 66 Return to work after parental leave > > (1) An employee returning to work after a period of parental leave is entitled to be employed in— > > > > > (a) the position held by the employee immediately before proceeding on that leave, or > > > > > (b) if the employee worked part-time or on a less regular casual basis because of the pregnancy before proceeding on maternity leave—the position held immediately before commencing that part-time work or less regular casual work, or > > > > > (c) if the employee was transferred to a safe job under section 70 before proceeding on maternity leave—the position held immediately before the transfer. > > > (2) If the position no longer exists but there are other positions available that the employee is qualified for and is capable of performing, the employee is entitled to be employed in a position as nearly as possible comparable in status and pay to that of the employee’s former position. > > > (3) This section extends to a female employee returning to work after a period of leave under section 71 (Special maternity leave and sick leave). > > > (4) An employer who does not make available to an employee a position to which the employee is entitled under this section is guilty of an offence. > > > > Maximum penalty—100 penalty units. > > > (5) In this section, a reference to employment in a position includes, in the case of a casual employee, a reference to work for an employer on a regular and systematic basis. > > Note. > > An employee returning to work after parental leave may also have an entitlement to work part-time under an industrial instrument or a part-time work agreement under Part 5. > > **s 66:** Am 2000 No 67, Sch 1 \[16\] \[17\].