Blog ● 9 October 2022

Termporarily replace an employee on parental leave

Looking to temporarily replace an employee who is going on parental leave? We often see employers make mistakes with this.

Employers should know that employees taking parental leave in accordance with the Fair Work Act are entitled to a “return to work guarantee”. That guarantees that upon completing the leave the employee will return to their pre-parental leave position, or, if that position no longer exists, an available position for which s/he is suitably qualified and suited and nearest in pay and status to the pre-parental leave position.

When recruiting a replacement to fulfil the duties whilst the employee is on parental leave, the employer must inform the replacement employee that: their engagement is temporary; and that the employee on leave has a guarantee to return to work when the leave ends.

Employers should also inform the replacement employee of the rights of the employee on leave in the case of a stillbirth or infant death, or where they cease to have responsibility for the care of the child.

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