Industrial Relations Act 2016

This section applies to an employee who returns to work after—

parental leave; or

special pregnancy-related leave or sick leave under section 85.

The employee is entitled to be employed in—

the position held by the employee immediately before starting parental leave; or

if the employee worked part-time because of the pregnancy before starting birth-related leave—the position held by the employee immediately before starting part-time work; or

if the employee was transferred to a safe job under section 89 before starting birth-related leave—the position held by the employee immediately before the transfer.

If the position mentioned in subsection (2) no longer exists but there are other positions available that the employee is qualified for and is capable of performing, the employee is entitled to be employed in a position that is, as nearly as possible, comparable in status and remuneration to that of the employee’s former position.

An employer must make a position to which the employee is entitled available to the employee.

If a long term casual employee’s hours were reduced because of the pregnancy before starting birth-related leave, the employer must restore the employee’s hours to hours equivalent to those worked immediately before the hours were reduced.