Document ID: chunk:federal_register_of_legislation:C2025C00150:section:76a:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 76A (pt 2/2)
Character Range: 325015–326809

the employee;
 (d) that the extension of the period of unpaid parental leave requested by the employee would be likely to result in a significant loss in efficiency or productivity;
 (e) that the extension of the period of unpaid parental leave requested by the employee would be likely to have a significant negative impact on customer service.
Note: The specific circumstances of the employer, including the nature and size of the enterprise carried on by the employer, are relevant to whether the employer has reasonable business grounds for refusing a request for the purposes of paragraph (3)(d) and subsection (4). For example, if the employer has only a small number of employees, there may be no capacity to change the working arrangements of other employees to accommodate the request (see paragraph (5)(b)).

Employer must explain grounds for refusal
 (6) If the employer refuses the request, the written response under subsection (1) must:
 (a) include details of the reasons for the refusal; and
 (b) without limiting paragraph (a) of this subsection:
 (i) set out the employer's particular business grounds for refusing the request; and
 (ii) explain how those grounds apply to the request; and
 (c) either:
 (i) set out the extension of the period of unpaid parental leave for the employee (other than the period requested by the employee) that the employer would be willing to agree to; or
 (ii) state that there is no extension of the period that the employer would be willing to agree to; and
 (d) set out the effect of sections 76B and 76C.

Genuinely trying to reach an agreement
 (7) This section does not affect, and is not affected by, the meaning of the expression "genuinely trying to reach an agreement", or any variant of the expression, as used elsewhere in this Act.