Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 296

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

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

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

                     (c)  the employee's entitlement to long paternity leave ends under section 292 or 293.

             (2)  The employee is entitled to return:

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

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

                     (c)  if paragraph (b) does not apply, and he began working part‑time because of his spouse's pregnancy--to the position he held immediately before starting to work part‑time.

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

                     (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.