Can my employer make me redundant while I am on parental leave?
Yes, an employer can make you redundant while you are on parental leave in Australia, but only if the redundancy is genuine and not because you are on leave. Strict conditions apply to prevent discrimination.
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How it works in practice
Understanding Redundancy on Parental Leave
In Australia, employees on parental leave are protected from discriminatory treatment. This means your employer cannot make your position redundant because you are on parental leave. However, a redundancy can still occur if your position is genuinely no longer required by the business for operational reasons, independent of your leave.
Genuine Redundancy Requirements
For a redundancy to be considered genuine, your employer must demonstrate that the job you were performing is no longer needed, they have followed consultation requirements in any award or agreement, and there is no reasonable opportunity for you to be redeployed into another role within the business. If these criteria are met, and the decision is not based on your parental leave, the redundancy may be lawful.
Important exceptions
An employer cannot make a position redundant merely to avoid re-employing someone returning from parental leave. If the role still exists, or if a suitable alternative role is available that you could perform, the redundancy is unlikely to be genuine. Employees on parental leave retain a right to return to their pre-parental leave position or an equivalent one. If the redundancy is found to be non-genuine or discriminatory, it could lead to an unfair dismissal claim.
What you should do now
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Review your employment contract and any applicable enterprise agreement or modern award for redundancy clauses.
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Seek clarification from your employer on the reasons for redundancy and request documentation supporting their decision.
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Contact the Fair Work Ombudsman or your union for advice on your specific rights and the genuine redundancy process.
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If you believe the redundancy is not genuine or is discriminatory, consider making an unfair dismissal claim to the Fair Work Commission.
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Document all communications and evidence related to your redundancy and parental leave for future reference.
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