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].