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Section : Return to work guarantee
Domain : Human Resource Management
Classification : Not Identified

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An employee is entitled to return to:

  • their pre-parental leave position, or
  • an available position for which they are qualified and suited, which is nearest in status and pay to their pre-parental leave position, if their pre-parental leave position doesn't exist anymore. Fair Work Infoline: 13 13 94 Before hiring an employee to perform the work of the employee on leave, the employer needs to notify any replacement employee:
  • their engagement is temporary
  • the employee on leave has a right to return to work when their unpaid parental leave ends (including if the period is extended, or if it is reduced in the case of a stillbirth or infant death or if they are no longer responsible for the care of the child).

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