Flexible work after parental leave

Find out about requesting flexible working arrangements when returning to work from parental leave.

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Flexible working arrangements

Employees returning from parental leave will normally return to the same job they were in before taking leave. This means that if no changes are made, they would return to the same hours of work, location and duties.

More information can be found at Returning to work from parental leave.

An employee is eligible to request flexible working arrangements if they:

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

Flexible working arrangements include working part-time, changing starting and finishing times of work or working from home.

More information about flexible working arrangements can be found at Flexible working arrangements.

Source reference: Fair Work Act 2009 s.65 and 65a.

Requesting flexible working arrangements

Employees need to request flexible working arrangements in writing. The request needs to:

  • explain what changes are being asked for
  • explain what the reasons for the requested changes are.

Employees can use our templates to prepare a written request for flexible working arrangements.

More information about requesting flexible working arrangements can be found at Flexible working arrangements.

Example: Employee changing to part-time after parental leave 

Emily works as a full-time engineer. She’s in her final month of her 12 month parental leave period.

Emily wants to return to work part-time for 3 months, then transition back to full-time hours.

Emily requests a flexible working arrangement in writing with her employer, Leanne.

Leanne responds in writing, approving Emily’s flexible working arrangement request.

Responding to requests for flexible working arrangements

Employers must respond to an employee’s request for flexible working arrangements in writing within 21 days.

The response must include whether the request is approved or refused.

Employees and employers can agree to arrangements that are different from what was originally requested. If this happens, the employer needs to confirm the agreed changes in writing within 21 days of the employee’s request.

Refusing a request

Employers can only refuse an employee’s request for flexible working arrangements on reasonable business grounds.

Employers must also consider the consequences of refusing the request and discuss with the employee to genuinely try to reach an agreement on alternative arrangements.

Employees can raise a dispute if the employer refuses a request or doesn’t respond in writing within 21 days.

For more information on responding to requests for flexible working arrangements, including refusals and disputes, see What employers should do with a request.

Example: Employer refusing flexible working arrangement request after parental leave 

Annie works as a part-time delivery driver for a local florist. She’s about to finish her 6 month parental leave period.

Annie normally works Tuesdays, Wednesdays and Thursdays. When she returns to work, Annie would like to change her work days to Monday, Tuesday, Wednesday to help with her daycare arrangements.

Annie makes a request for the change in working days in writing to her employer, Liam.

Liam considers this request and doesn’t think it will work with his business, as Thursday is the busiest day of their week, which means Liam needs a large number of drivers to be available.

Liam organises a meeting with Annie to discuss her request. During the meeting, Liam explains his concerns about Annie’s request to not work Thursdays. Liam and Annie agree to think about alternative arrangements.

After the meeting, Annie suggests to Liam to change her request, so she will work Wednesday, Thursday and Friday instead.

Liam agrees and responds in writing, confirming the arrangements he and Annie have agreed to.

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