ways2work - Employers
Legal obligations
As an employer it�s important that you know the legal obligations you have to employees who are parents or carers.
The following summarises your basic legal obligations: for more detailed information see Rights, responsibilities and entitlements.
Discrimination
Under both state and federal Equal Opportunity legislation, it is against the law for employers to discriminate against job applicants and employees (including contract workers, those working on a commission basis and partners in a firm) with parental or carer responsibilities.
For more information, see Discrimination.
Employer obligations to accommodate parental and carer responsibilities
From 1 September 2008, changes to the Equal Opportunity Act 1995 (Vic) provide that employers must not unreasonably refuse to accommodate parental and carer responsibilities of a person offered employment or an employee (including contract workers, those working on a commission basis, and partners in a firm) working arrangements. For more information, see Discrimination or Victorian Equal Opportunity and Human Rights Commission Family Responsibilities: New guidelines for employers and employees.
Parental leave
Parental leave includes maternity leave, paternity leave and adoption leave.
Employees who have completed at least 12 months continuous service with an employer have a basic minimum entitlement to up to 52 weeks unpaid parental leave under the Workplace Relations Act 1996 (Cth). This may include casual employees in specific circumstances.
For more information, see Parental and adoption leave.
Returning to work
When returning to paid work from parental leave, employees are entitled to return to the position they held immediately prior to taking leave or a promoted or transferred position to which they agreed during their leave.
If the position no longer exists, and the employee is qualified and able to return to work in another comparable position, the employee is entitled to return to that position or, if there is more than one position, the one nearest in status and remuneration.
For more information, see Parental and adoption leave.
Publications
Family Responsibilities - Guidelines for Employers and Employees, produced by Industrial Relations Victoria and the Victorian Equal Opportunity and Human Rights Commission.
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