Parental leave is a collective term describing maternity leave, paternity leave and adoption leave.

Employees who take parental leave are entitled to return to the position they held immediately prior to taking the leave or to 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 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.

Thinking ahead

Start to think about:

• your child care options
• how many hours you want or need to work
• whether your award or agreement contains any flexible work entitlements
• what other flexible work arrangements your employer is prepared to offer

When considering returning from parental leave, many parents find that returning to work with some flexible work arrangements, such as working part-time or working from home, helps to ease the transition back into the workplace.

From 1 September 2008, changes to the Equal Opportunity Act 1995 (Vic) provide additional protection to parents and carers in relation to their working arrangements. The new laws set out that it is discrimination for an employer to unreasonably refuse to accommodate the parental or carer responsibilities of a person offered employment or an employee (including contract workers, those working on a commission basis, and partners in a firm) in working arrangements. For more information on how these new laws work see the publication Family Responsibilities - Guidelines for Employers and Employees (PDF 453 KB), produced by Industrial Relations Victoria and the Victorian Equal Oportunity and Human Rights Commission.

Negotiating with your employer

It is important to remember that you are negotiating, not making demands. Be aware that there may be some good reasons why your employer may not be able to meet your requests. Be open to what your employer has to say and any options they might present to you. Your employer may be more open to accommodating your needs if you show you are prepared to meet them half-way.

Before you approach your employer, it might be useful to:

• work out your preferred work arrangement, as well as what you would settle for
• list all the skills and knowledge you have and why you remain a valuable employee
• look at the situation from the employer�s point of view (then you can work out how to sell your option to them and address any concerns or barriers they may raise)
• have a practice negotiation session with a friend or colleague

Depending on your relationship with your employer, you may choose to either talk to them directly, or write a letter of request for flexible work arrangements. Whether you approach them in person or in writing, remember to:

• stress that you are a keen member of staff who is ready to balance work and family responsibilities
• say that you appreciate their support and consideration 
• diplomatically outline your knowledge of Your rights, responsibilities and entitlements from your Award, workplace agreement and/or the general Terms and conditions of employment
• outline your request for flexible work arrangements
• say whether you are prepared to have some flexibility on this
• stress that you are keen to be a valuable, ongoing member of the staff
• tell your employer enough about your personal details so that they understand the constraints and demands on you, as well as how well you are managing them; you don�t have to tell them all your details though  
• ask them to give you a general timeframe for consideration of your request

Get an agreement in writing

If you and your employer come to an agreement for part-time work or other flexible work arrangement on your return from parental leave, it is important to get this arrangement in writing. You may also want to consider discussing and agreeing to how long this arrangement will be in place, and what happens after that time. This will ensure both you and your employer are fully aware of what you are agreeing to.

It is particularly important that you are fully aware of any change to your employment status. For example, your employer may ask that you change from full-time to casual employee or contractor. This may or may not suit your requirements. For more information on your employment status, see Terms and conditions of employment.

Remember, employees who take parental leave are entitled to return to the position they held immediately prior to taking the leave. You do not have to agree to any other arrangement if it does not suit your needs.

If your request is refused

If you and your employer cannot come to an arrangement for a flexible return from parental leave, you may wish to:

• ask for the reasons in writing
• ask your union and/or HR to write to the manager on your behalf requesting a review of the decision
• seek help from your union and/or HR to work out your appeal options
• if you believe your request for flexible work arrangements has been unreasonably refused, contact the Victorian Equal Opportunity and Human Rights Commission, as this may constitute unlawful discrimination

For more information, see the Victorian Equal Opportunity and Human Rights Commission, Business Victoria or Australian Human Rights Commission.

You may also wish to speak to your union, go to the Workplace Authority or ring the Workplace Infoline on 1300 363 264.