(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.
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.
S. 20 (Heading) amended by No. 26/2011 s. 34(Sch. item 3.1).