Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_94zz
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 94ZZ
Character Range: 262002–263252

94ZZ  Return to work guarantee—adoption leave

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

 (2) The employee is entitled to return:
 (a) unless paragraph (b) applies—to the position he or she held immediately before the start of the adoption‑related leave period; or
 (b) if he or she was promoted or voluntarily transferred to a new position during the adoption‑related leave period—to the new position.

 (3) However, if the position (the former position) no longer exists, and the employee is qualified and able to work for his or her employer in another position, the employer must employ the employee in:
 (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.