Returning from parental leave under the national system

Various provisions of the Fair Work Act 2009 (Cth) (FW Act) were amended by:

• The Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Act 2020 (Cth) (Improving Unpaid Parental Leave Amendment Act) effective as from 27 November 2020 (see s 2, table item 2).
• The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Secure Jobs, Better Pay Act) effective as from 6 June 2023 (see s 2, table item 17 and table item 32B).

Authored by the LexisNexis Legal Writer team.

Can an employee return to work earlier than originally notified?

Various provisions of the Fair Work Act 2009 (Cth) (FW Act) were amended by:

• The Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Act 2020 (Cth) (Improving Unpaid Parental Leave Amendment Act) effective as from 27 November 2020 (see s 2, table item 2).
• The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Secure Jobs, Better Pay Act) effective as from 6 June 2023 (see s 2, table item 17 and table item 32B).

This guidance note refers to the FW Act consolidated as in force on 1 July 2023.

Except where a child is stillborn or dies within the child’s first 24 months of life, s 78(1) of the FW Act provides that if an employee has taken unpaid parental leave in relation to a child and the employee ceases to have any responsibility for the care of that child, the employer may require the employee to return to work on a specified day by giving the employee at least 4 weeks' written notice to that effect. Where the employee gave birth to the child, the return to work date must be at least 6 weeks after the date of the birth: