Return to work guarantee

This guarantee means that when an employee takes parental leave, they can expect to return to their previous position or a comparable one with similar terms and conditions. It ensures job security for employees during the significant life event of welcoming a child, whether by birth or adoption.

What the return to work guarantee requires

Under section 84 of the Fair Work Act, an employee returning from unpaid parental leave is entitled to their pre-parental leave position. If that position no longer exists, they are entitled to an available position they are qualified and suited for that is nearest in status and pay. You must also consult employees on parental leave about significant workplace changes that affect their position, and it is unlawful to dismiss or disadvantage someone because they took parental leave. For example, if a restructure removes an employee's role while they are on leave, you must consult them and offer the nearest suitable role.

Read our guide to unpaid parental leave.