Tuesday, April 22, 2008

What are your entitlements as a parent returning to work?

It is important to seek out the most recent and relevant information regarding your entitlements. Some of the key points from the current legislation include:

•The Australian Fair Pay and Conditions Standard provides for a maximum of 52 weeks of unpaid parental leave.

•Parental leave can be taken as maternity, paternity or adoption leave.

•Parental leave provisions apply to full-time, part-time and casual employees.

•To be eligible for parental leave, an employee must have been employed for a minimum of 12 months continuous service prior to the expected date of the child’s birth unless your employer is prepared to waive this qualifying period.

•To be eligible for paternity or adoption leave, the employee must have a minimum of 12 months continuous service at the time the leave is to commence unless your employer is prepared to waive this qualifying period.

•If a medical certificate is provided stating that a pregnant employee is fit to work but is unable to continue in her present position, she is entitled to be transferred to a safe job.

•When returning to work from parental leave an employee is entitled to return to the position they held prior to going on leave or to a new position if they have been promoted or have accepted a new position.

•If the employee’s former position no longer exists and the employee is qualified and able to work for their employer in another position, then the employee is entitled to work in another position for their employer.

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