Replacement employees

Employers can hire replacement employees to cover for an employee who is on parental leave.

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Hiring replacement employees

Employers may need to find someone to cover an employee who is on parental leave. This person is known as a replacement employee.

The replacement employee could be:

  • someone who already works for the business
  • someone who is hired from outside the organisation.

During the application process, the employer must tell potential employees that:

  • the job will be temporary
  • the employee who is taking leave has the right to return to their job
  • there are situations where the employer or employee who is taking parental leave can end the leave which could affect their employment.

Keeping replacement employees

When an employee on parental leave returns to work, they have the right to return to the same job they were in before taking leave.

If the employer wishes to keep the replacement employee, they can discuss alternative arrangements, such as finding a new role for them to perform.

Dismissing replacement employees

If an employee on parental leave returns to work, the employer is not required to continue the employment of their replacement employee.

If the replacement employee is hired on a fixed term contract their employment will stop at the end of that contract and they should receive any final pay.

A replacement employee hired on a fixed term contract is not entitled to notice of termination. Visit Who doesn’t get notice?

For other employees, employers should follow the normal process for ending an employee’s employment, including giving notice of termination and final pay.

Source reference: Fair Work Act 2009 s.74 and 84A.

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