What are your rights when you come back from parental leave?

You are entitled to return to the job you had before unpaid parental leave. What happens if it no longer exists, how to ask for part-time hours or other flexible work, and how your employer must reply.

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When you come back from unpaid parental leave, you are entitled to return to the job you had before you went, even if someone else is doing it as your replacement. If that job no longer exists, you must be offered a suitable available job nearest to it in pay and status. You can also ask in writing for part-time hours or other flexible work, and your employer must reply in writing within 21 days.

Do you get your old job back?

Yes. An employee who has been on unpaid parental leave is entitled to come back to the job they had before the leave, even if a replacement is working in that role.

If you were moved to a safe job during your pregnancy, or reduced your hours because of the pregnancy, you are entitled to return to the job you had before that transfer or reduction.

Fixed term contracts work differently. Your employer doesn't have to extend a fixed term contract because you are on leave. If the contract ends while you are on unpaid parental leave, you are not entitled to return to the same job unless your contract says otherwise. If it ends after you come back, you return to the same job and finish the contract.

What if your job no longer exists?

If your job doesn't exist anymore, or it has changed, you must be offered a suitable available job that:

  • you are qualified and suited to work in
  • is nearest to your old job in pay and status.

If the job is gone when you come back, a redundancy may have taken place. If the job still exists and a replacement is doing it, there is no redundancy and you have the right to return to it. If you are made redundant while on parental leave, your employer must give you the correct notice and pay your entitlements, including redundancy pay.

Can your job change while you are away?

If your employer decides to make significant changes to your job while you are on unpaid parental leave, such as to your responsibilities, pay or location, they have to discuss the changes with you and give you an opportunity to talk about them, even though you are on leave.

You can also agree with your employer to come back for up to 10 keeping in touch days during your leave, to keep up with changes at work.

Can you come back part-time?

You can ask. Working part-time, changing your start and finish times and working from home are all flexible working arrangements. You are eligible to request one if you:

  • are the parent of, or have responsibility for the care of, a child who is school age or younger
  • have worked for the same employer for at least 12 months.

The request must be in writing and explain what changes you are asking for and why. The Fair Work Ombudsman's example is a full-time engineer near the end of 12 months' parental leave who asks to work part-time for 3 months before going back to full-time hours, and her employer approves it in writing.

If you go part-time, our guide to calculating a pro rata salary shows how pay scales with your hours.

Can your employer say no?

Only on reasonable business grounds. Your employer must reply in writing within 21 days and say whether the request is approved or refused. They must also consider the consequences of refusing and discuss the request with you to try to reach agreement on another arrangement. If you agree on something different from what you asked for, they must confirm it in writing within 21 days of your request.

You can raise a dispute if your employer refuses the request or doesn't reply in writing within 21 days.

What about breastfeeding at work?

Employees are allowed to breastfeed at work and can't be discriminated against for it. Making someone feel uncomfortable about breastfeeding, or not providing adequate facilities or breaks, may be discrimination. Family or carer's responsibilities and breastfeeding are both protected attributes under the Fair Work Act.

What did TAC readers tell us?

We asked our community for their experience of coming back to work after parental leave, and how bonuses were handled while they were away.

A common answer was to set firm boundaries around family time. On bonuses, readers described every outcome from nothing to the full amount.

Was told I had to be in office 5 days a week, no work from home and NO part time. Even though all the managers who were parents were on 3 days a week. I quit recently, after 12months back from mat leave.

I was made redundant from a PT role and have had to take a FT role at a new company.

Know your rights & applicable legislation. Assuming there's no prior performance concerns, document any change in management action etc following your announcement.

Ease yourself in by working part time, reduced hours... Speaking from experience, mama w 2 young kids myself.

Set boundaries. Block off your calendar, be open and firm about your parenting commitments. Be ready to log back on once they are asleep.

It's both! Dependent on your manager at the time. For my first mat leave, I didn't get a bonus. For my second, I got pretty much the full bonus

This is general information, not legal advice. Your award, enterprise agreement, contract or parental leave policy may give you more.

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