(iii) When an employee returns to work after a period of parental leave an employee is entitled to undertake the duties allocated to them immediately before proceeding on parental leave and which the employee would have continued to undertake but for taking parental leave: (1) if the female employee was moved to safe duties because of the pregnancy – immediately before the move; or (2) if the female employee began working part-time because of the pregnancy – immediately before the part-time work began; or (3) otherwise – immediately before the employee commenced maternity leave, except duties for which the employee was in receipt of a higher or more responsible duties allowances, unless the employee resumes those duties upon returning to work. (iv) If those duties no longer exist, the employer is to assign similar duties at the same classification, as appropriate, to the employee. (k) Right to Request (i) An employee entitled to parental leave pursuant to the provisions of subclause (b)(i) may request the employer to allow the employee to return from a period of parental leave on a part-time basis until the child reaches school age to assist the employee in reconciling work and parental responsibilities. (ii) The employer is to consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of suitable replacement staff, loss of efficiency and effectiveness, the specialised nature of the work and the impact on customer service. (iii) An employee may return to work on a modified basis that may involve the employee: (1) working on different days or at different times, or both; and/or (2) working on fewer days or for fewer hours or both, and/or (3) undertaking different duties at the same classification; than the employee worked immediately before commencing parental leave, other than for an employee to whom subclause (i) of this Parental Leave clause applied. (l) Replacement Employees
(iii) When an employee returns to work after a period of parental leave an employee is entitled to undertake the duties allocated to them immediately before proceeding on parental leave and which the employee would have continued to undertake but for taking parental leave: (1) if the female employee was moved to safe duties because of the pregnancy – immediately before the move; or (2) if the female employee began working part-time because of the pregnancy – immediately before the part-time work began; or (3) otherwise – immediately before the employee commenced maternity leave, except duties for which the employee was in receipt of a higher or more responsible duties allowances, unless the employee resumes those duties upon returning to work. (iv) If those duties no longer exist, the employer is to assign similar duties at the same classification, as appropriate, to the employee. (k) Right to Request (i) An employee entitled to parental leave pursuant to the provisions of subclause (b)(i) may request the employer to allow the employee to return from a period of parental leave on a part-time basis until the child reaches school age to assist the employee in reconciling work and parental responsibilities. (ii) The employer is to consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of suitable replacement staff, loss of efficiency and effectiveness, the specialised nature of the work and the impact on customer service. (iii) An employee may return to work on a modified basis that may involve the employee: (1) working on different days or at different times, or both; and/or (2) working on fewer days or for fewer hours or both, and/or (3) undertaking different duties at the same classification; than the employee worked immediately before commencing parental leave, other than for an employee to whom subclause (i) of this Parental Leave clause applied. (l) Replacement Employees
T14479_of_2017_Nurses_and_Midwives_Tasmanian_State_Service_Award_-_S198.docx