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Flexible Working Arrangements for Employees Returning from Parental Leave

It seems we are in the midst of a baby boom, which means an increase in maternity leave. So as a small or medium business how can you increase the chances of your quality employees returning from maternity leave sooner? I myself have just returned from maternity leave so I know exactly what this means for a business.
 
Employees returning to work following a period of maternity leave poses a challenge for employers, it seems many employers are unsure about their obligations under the Fair Work Act 2009 or anti-discrimination legislation.
 
Amongst the other entitlements under the Fair Work Act 2009, on returning to work the employee has the right to request flexible working arrangements. This is very important to consider when you have an employee taking maternity leave as flexible working arrangements can include:

• changes to hours of work including reduction of hours or changes to start and/or finishing times;
• location of work if the employee is able to work from home;
• changes in patterns of work for e.g. working ‘split-shifts’ or job sharing arrangements

The eligibility criteria for requesting flexible working arrangements are the same as for parental leave that is you have been employed for at least 12 months and are responsible for the care of a child (Please note I am not referring to the Paid Parental Leave scheme). The employee must make the request for flexible working arrangements in writing and as the employer, you must respond to a request within 21 days and can only refuse on reasonable business grounds. 

It is important to remember that the flexible working arrangements can extend to a request for part time work and there are a number of cases where an employer’s refusal to allow part time work has amounted to discrimination under anti-discrimination legislation.

You need to be aware of your employer obligations and act diligently in ensuring employees with family responsibilities are treated fairly.
So what should you do?

• Ensure you are aware of employee rights who are on maternity leave – e.g, if you are wanting to replace the absent employee’s position, it must be advertised as a temporary position or maternity leave fixed term contract and then made available to the employee on their return to work.
• Provide the same position to the employee returning from maternity leave. If their original position no longer exists due to operational changes then you need to provide a comparable position regarding salary and responsibilities. If there is no such position in the business, then the employee may be entitled to a redundancy.
• Be open to requests for flexible working arrangements and how changes might incorporate these into your business. It is critical that you consider what flexible arrangements can be made prior to the employees’ request; this will ensure you are able to prepare for the changes with minimal disruptions to the business.
• Consider how the role in the business could be modified to allow employees to work from home for percentage of their time or changing their start or finish times.
• And finally it is important to implement a policy which addresses the procedures and work practices that you have in place to accommodate pregnant employees or those returning from maternity or parental leave. The policy is there to demonstrate that you are aware of your employer obligations and should outline the efforts you are making to abide by your obligations. It will also provide the employee with clear guidelines and confidence that their workplace rights are protected.

So what do you need to do from here? Be aware of your employer obligations and consider flexible working arrangements that would work in your business, offering the flexible options can allow employees to return to their roles sooner and increases your ability to retain quality employees.

DISCLAIMER: This article does not constitute legal advice. If you require assistance with creating policies for your workplace, please email admin@wattsnext.com.au