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EQUAL OPPORTUNITY AMENDMENT (FAMILY RESPONSIBILITIES) ACT 2008 (NO. 1 OF 2008) - SECT 8 New section 14A inserted

EQUAL OPPORTUNITY AMENDMENT (FAMILY RESPONSIBILITIES) ACT 2008 (NO. 1 OF 2008) - SECT 8

New section 14A inserted

After section 14 of the Principal Act insert

        " 14A     Employer must accommodate employee's responsibilities as parent or carer

    (1)     An employer must not, in relation to the work arrangements of an employee, unreasonably refuse to accommodate the responsibilities that the employee has as a parent or carer.

Example

An employer may be able to accommodate an employee's responsibilities as a parent or carer by allowing the employee to work from home on a Wednesday morning or have a later start time on a Wednesday or, if the employee works on a part-time basis, by rescheduling a regular staff meeting so that the employee can attend.

    (2)         In determining whether an employer unreasonably refuses to accommodate the responsibilities that an employee has as a parent or carer, all relevant facts and circumstances must be considered, including—

        (a)     the employee's circumstances, including the nature of his or her responsibilities as a parent or carer; and

        (b)     the nature of the employee's role; and

        (c)     the nature of the arrangements required to accommodate those responsibilities; and

        (d)     the financial circumstances of the employer; and

        (e)     the size and nature of the workplace and the employer's business; and

        (f)     the effect on the workplace and the employer's business of accommodating those responsibilities, including—

              (i)     the financial impact of doing so;

              (ii)     the number of persons who would benefit from or be disadvantaged by doing so;

              (iii)     the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

        (g)     the consequences for the employer of making such accommodation; and

        (h)     the consequences for the employee of not making such accommodation.".