Employer must accommodate employee's responsibilities as parent or carer
19 Employer must accommodate employee's responsibilities as parent or carer
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.
Example
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.
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—
the employee's circumstances, including the nature of his or her responsibilities as a parent or carer; and
the nature of the employee's role; and
the nature of the arrangements required to accommodate those responsibilities; and
the financial circumstances of the employer; and
the size and nature of the workplace and the employer's business; and
the effect on the workplace and the employer's business of accommodating those responsibilities, including—
the financial impact of doing so;
the number of persons who would benefit from or be disadvantaged by doing so;
the impact on efficiency and productivity and, if applicable, on customer service of doing so; and
the consequences for the employer of making such accommodation; and
the consequences for the employee of not making such accommodation.
S. 20 (Heading) amended by No. 26/2011 s. 34(Sch. item 3.1).
This Act’s bill:Explanatory memorandumSecond reading speech
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