Section 84Fair Work Act 2009 (Cth)

Return to work guarantee

On ending a period of unpaid parental leave, an employee is entitled to return to:

(a) the employee’s pre‑parental leave position; or

(b) if that position no longer exists—an available position for which the employee is qualified and suited nearest in status and pay to the pre‑parental leave position.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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