18 December Parental leave: What to consider when replacing someone December 18, 2017 By Reef Admin Leave provisions 0 It’s an issue all too well known to real estate employers. You have a pregnant employee who is about to head off on unpaid parental leave. Your anxiety levels start to rise. How are you going to maintain your agency’s level of service while they’re gone? An employee going on parental leave is not at all uncommon. As an employer, you may want to absorb the employee’s duties into the roles of other team members. But, for obvious reasons, this isn’t always possible. Your business will, quite simply, not operate as efficiently with one less person in the office to perform important functions. So you look to fill the role for the duration of the employee’s parental leave. What do you need to do when engaging a replacement employee for a parental leave period? Are there any terms you should include in the letter of offer? The Fair Work Act 2009 requires that before an employer engages an employee to perform the work of another employee who is taking unpaid parental leave, the employer must notify the replacement employee that: the engagement to perform the work is temporary the rights of the employer and the employee taking parental leave with respect to being able to cancel the leave if the pregnancy ends other than by the birth of a living child the return to work guarantee of the employee on parental leave the right of the employer to require the employee taking parental leave to return to work if the employee ceases to have responsibility for the care of the child. Before the prospective replacement employee is employed, it’s important that you advise them of the rights that rest with the employee on parental leave and the consequence of accepting a position that is temporary and conditional on the continued absence of that employee. Got a question? Let us know and we'll cover it for you in an upcoming blog post. Email firstname.lastname@example.org. Related Employee deductions: What's allowed, what's not To deduct or not to deduct? When it comes to deductions from an employee's pay, what's allowed and what's not? What amounts can an employer take out before it hits an employee's hand? What information must be given to a parental leave replacement employee? REEF Workplace Relations Advisor James Burton answers this important employment question. What's in a name? Unfair dismissal and the high-income threshold A recent Fair Work Commission case found that despite an employee earning a salary over the high-income threshold, an unfair dismissal claim could still be made. Workplace investigations – Here's what you need to know Workplace investigations are a necessary, but often difficult task. As an employer, you need to rely on the result of the investigation to decide upon disciplinary action. A message from the CEO: What's happening at REEF It's hard to believe we're halfway through the year. What started as a busy year shows no sign of slowing down. Here's just a few things we've been focused on. Chucking a sickie: What amounts to 'temporary absence'? We've all had them. That employee who's constantly off sick, sending everyone else's working day into disarray. But what can you do about it? Here's what you need to know about "temporary absence" protections. Comments are closed.