Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 1999 - SECT 29D

(1) In deciding whether to agree to an application for an extension of the period of parental leave under section 29A or an application to return to work on a part-time basis under section 29B, the employer must consider the following--

(a) the particular circumstances of the employee that give rise to the application, particularly circumstances relating to the employee's role as the child's caregiver;

(b) the impact refusal of the application might have on the employee and the employee's dependants;

(c) the effect that agreeing to the application would have on the conduct of the employer's business, including, for example--

(i) any additional cost the employer would incur; and

(ii) the employer's capacity to reorganise work arrangements; and

(iii) the availability of competent replacement staff; and

(iv) any loss of efficiency in the conduct of the employer's business; and

(v) the impact of the employee's absence or temporary absence on the delivery of customer service.

(2) The employer must not unreasonably refuse an application under section 29A or 29B.

(3) The employer must advise the employee, in writing, of the employer's decision--

(a) if the application is for an extension of short parental leave or short adoption leave--as soon as possible after receiving the application but before the short parental leave or short adoption leave ends; or

(b) for any other application--within 14 days after receiving the application.

(4) If the employer refuses the application, the employer must provide the employee with written reasons for refusing the application.