An employee's return to work after a period of maternity
leave often raises issues for the employee and the employer.
Two issues which regularly arise in relation to meeting the
statutory requirements to accommodate the return to work
include:
- Where the employer does not want to return the employee to the
pre-maternity leave position due to the employee's previous
performance in that position (where the issues have come to light
during the employee's absence)
- Where the employer is of the view that the relevant duties
cannot be performed on a part-time basis.
In summary, Federal and State legislation requires employers to
either return employees to their pre-maternity leave position or,
where that position no longer exists, to a position which is near
in status and remuneration to the pre-maternity leave
position1.
