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Employment and Migration Blog

Tag: Parental leave

  • Parental Leave and Redundancy
    Posted by on 18 Feb 2014
    Increasingly, General Protection claims are being made to the Fair Work Commission by employees who have had their role, or are about have their role, made redundant by their employer purely because they have engaged their right to parental or carer's leave. This brings to the forefront the question of 'what happens when the reason for a retrenchment of an employee returning from parental leave is actually a legitimate business decision in order to cut costs?'.
  • Parental Leave and Sunset Clauses
    Posted by Anna Ford on 29 Jul 2013
    As mentioned in our previous blog ‘Returning to work post baby’ employees have the right to request flexible working arrangements upon their return to work, including working part-time. However, it is important for both the employee and the employer to realise that these employment conditions are not permanent. One way you can make that clear is to incorporate a “sunset clause” in the agreement that is negotiated. By “sunset clause” I mean an end date to the arrangement. So for example, in the case of flexible work arrangements, the end date will typically be when the child reaches school age. Accordingly, the expectation set from the beginning of the arrangement is that the employee will resume full duties, as per the terms of his/her original employment contract, as soon as the child starts school. Have you considered the implications of staff returning from parental leave?