Can my employer deny my request to return to part time after parental leave?
No, your employer cannot unreasonably deny your request to return to part-time work after parental leave. They must consider your request and can only refuse on specific "reasonable business grounds", providing a written explanation for their decision.
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How it works in practice
Right to Request Flexible Working Arrangements
Employees returning from parental leave have a legal right to request flexible working arrangements, including a return to part-time work, under the National Employment Standards (NES) in Australia. This is not an automatic right to work part-time, but a right to make the request, which the employer must seriously consider.
Employer's Obligations
Your employer must respond to your request in writing within 21 days, stating whether they grant or refuse it. If they refuse, they must do so only on "reasonable business grounds" and provide a detailed explanation of those grounds. They should also discuss the request with you before making a final decision to genuinely try to accommodate your needs.
Important exceptions
An employer can refuse a request on "reasonable business grounds." These might include the impracticality of the new working arrangements impacting customer service, significant financial cost, or a lack of available work during the requested hours. They cannot refuse solely based on inconvenience or a general preference for full-time staff.
What you should do now
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Submit your request for part-time work in writing, clearly outlining your proposed hours and reasons.
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If denied, ensure your employer provides a written response detailing their "reasonable business grounds" for refusal.
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Review the employer's reasons carefully to determine if they meet the legal standard of "reasonable business grounds."
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Attempt to discuss the refusal with your employer, proposing alternative arrangements if possible.
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If unresolved, contact the Fair Work Ombudsman or a union for advice on challenging the decision or lodging a dispute.
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