WORKPLACE RELATIONS ACT 1996 - SECT 314 Return to work guarantee--adoption leave

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 314

             (1)  This section applies to an employee who returns to work after a period of leave including (or constituted by) adoption leave (the adoption‑related leave period ) if:

                     (a)  the adoption‑related leave period is 4 weeks or less; or

                     (b)  if the adoption‑related leave period is longer than 4 weeks--the employee has given his or her employer written notice of the proposed day of his or her return to work no later than 4 weeks before that day; or

                     (c)  the employee's entitlement to long adoption leave ends under section 310 or 311.

             (2)  The employee is entitled to return:

                     (a)  unless paragraph (b) applies--to the position he or she held immediately before the start of the adoption‑related leave period; or

                     (b)  if he or she was promoted or voluntarily transferred to a new position during the adoption‑related leave period--to the new position.

             (3)  However, if the position (the former position ) no longer exists, and the employee is qualified and able to work for his or her employer in another position, the employer must employ the employee in:

                     (a)  that position; or

                     (b)  if there are 2 or more such positions--whichever position is nearest in status and remuneration to the former position.