Parental leave is usually planned well in advance. But when circumstances change, many employers are not sure what they can and can’t do. Recently, we supported a business navigating exactly that.
The business had an employee who had taken unpaid parental leave following the birth of their child. The leave had been approved for a 12 month period, with start and end dates confirmed.
Halfway through the leave period, the employee contacted the business requesting to extend their leave beyond the original 12 months, however the business had already made staffing arrangements based on the employee’s expected return.
The employer wasn’t sure:
- Whether they had to approve the extension.
- How much notice was required to respond to the employee.
- What their obligations were if they couldn’t accommodate the leave extension operationally.
Do Employers Have to Approve Parental Leave Extensions?
Parental leave isn’t as simple as approving or declining a request. Under the Fair Work Act 2009, s 76:
- Employees can request to extend unpaid parental leave up to 24 months.
- Requests must be in writing and provided to the employer at least 4 weeks before the original end date.
- Employers must respond in writing within 21 days and provide reasons if refusing the extension request.
The risk for the business was:
- Refusing the request without following the correct process.
- Not providing for appropriate consideration.
- Not properly documenting all communications and the decision.
- Failing to balance their operational needs with legal obligations.
How We Helped the Business Manage the Request
We worked with the client to step through the process correctly.
First, we reviewed:
- The original parental leave approval.
- The timing of the employee’s parental leave extension request.
- The operational impact of extending the leave.
From there, we advised the business to:
- Engage with the employee and discuss the request in a mutual manner.
- Assess whether the extension could be accommodated for or not.
- Provide a clear written response within the required timeframe.
- Ensure that, if refusing, the reasons were genuine and defensible.
- Document everything.
Why Documentation Matters
One of the biggest risks for employers in parental leave matters is poor record keeping. If a dispute arises, businesses should be able to demonstrate:
- When the request was received.
- How the request was assessed.
- What operational impacts were considered.
- How the final decision was communicated.
Clear records help show that the request was handled fairly, consistently and in line with legal obligations.
The Outcome
The business was able to manage the request confidently and in line with its obligations:
- The employee was given a fair opportunity to request an extension.
- The business assessed the request based on reasonable business grounds.
- The decision was clearly communicated.
- All records were kept on ProcessWorxShield.
Importantly, the business avoided making a rushed or informal decision that could have created a risk of a dispute or general protections claim.
Key Takeaways for Employers Managing Parental Leave
Parental leave situations don’t always go to plan, but the process is still required.
- Employees can request to extend parental leave up to a maximum of 24 months after the birth or placement.
- Requests must be handled formally and within set timeframes.
- Decisions should be documented and based on operational realities.
Managing these situations protects both your business and your people.
How ProcessWorx Can Support You
If you’re managing parental leave or unsure how to respond to a request, our team can help you navigate the process properly: contact us on (08) 9316 9896 or get in touch here.
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