Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_94zh
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 94ZH
Character Range: 240545–241949

94ZH  Return to work guarantee—paternity leave

 (1) This section applies to an employee who returns to work after a period of leave including (or constituted by) paternity leave (the paternity‑related leave period) if:
 (a) the paternity‑related leave period is 4 weeks or less; or
 (b) if the paternity‑related leave period is longer than 4 weeks—the employee has given his employer written notice of the proposed day of his return to work no later than 4 weeks before that day; or
 (c) the employee's entitlement to long paternity leave ends under section 94ZD or 94ZE.

 (2) The employee is entitled to return:
 (a) unless paragraph (b) or (c) applies—to the position he held immediately before the start of the paternity‑related leave period; or
 (b) if he was promoted or voluntarily transferred to a new position during the paternity‑related leave period—to the new position; or
 (c) if paragraph (b) does not apply, and he began working part‑time because of his spouse's pregnancy—to the position he held immediately before starting to work part‑time.

 (3) However, if the position (the former position) no longer exists, and the employee is qualified and able to work for his employer in another position, the employee is entitled to return to:
 (a) that position; or
 (b) if there are 2 or more such positions—whichever position is nearest in status and remuneration to the former position.