There are changes to how employers need to respond to requests for extending unpaid parental leave. These new requirements apply to requests for an extension of unpaid parental leave made from 6 June 2023.
When an employee makes a request to extend their unpaid parental leave, the employer can:
The employer needs to put this in writing to the employee within 21 days of the request.
If an employer refuses a request to extend this type of leave, the employer needs to:
The written response needs to:
The Fair Work Commission (FWC) will also now have the power to deal with disputes about requests for extending unpaid parental leave, which include arbitration. FWC will also have the power to start court proceedings for alleged breaches of orders made if the Commission arbitrates a dispute.
For more information, check out the Department of Employment and Workplace Relations fact sheet on unpaid parental leave.
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