Ability to Hold Position Open. 14.10.1 Where possible, the employer must, hold the employee's position open or fill it temporarily until the employee's return from parental leave. However in the event that the employee's position is a "key position" (as contemplated in the Paid Parental Leave and Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis.
Ability to Hold Position Open. Where possible, the employer must, hold the employee's position open or fill it temporarily until the employee's return from parental leave. However, in the event that the employee's position is a "key position" (as contemplated in the Parental Leave and Employment Protection Act 1987), the employer may fill the position on a permanent basis. Where the employer is not able to hold a position open, or to fill it temporarily until an employee returns from parental leave, or fills it permanently on the basis of it being a key position, and, at the time the employee returns to work, a similar position (as defined in 10.9.1 (a) above) is not available, the employer may approve one of the following options:
Ability to Hold Position Open. 13.10.1 Where possible, the employer must, hold the employee's position open or fill it temporarily until the employee's return from parental leave. However in the event that the employee's position is a "key position" (the employer may fill the position on a permanent basis.
13.10.2 Where the employer is not able to hold a position open, or to fill it temporarily until an employee returns from parental leave, or fills it permanently on the basis of it being a key position, a similar position (as defined in 13.9.1 a) above) is not available, the employer may approve one of the following options:
(a) an extension of parental leave for up to a further 12 months until the employee's previous position or a similar position becomes available; or
(b) an offer to the employee of a similar position in another location (if one is available) with normal transfer expenses applying; if the offer is refused, the employee continues on extended parental leave as in 13.10.2 (a) above for up to 12 months; or
(c) the appointment of the employee to a different position in the same location, but if this is not acceptable to the employee the employee shall continue on extended parental leave in terms of 13.10.2 (a) above for up to 12 months: provided that, if a different position is accepted and within the period of extended parental leave in terms of 13.10.2 (a), the employee's previous position or a similar position becomes available, then the employee shall be entitled to be appointed to that position; or
(d) where extended parental leave in terms of 10.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 26 of this Agreement.
Ability to Hold Position Open. 16.10.1 Where possible, the employer must, hold the employee's position open or fill it temporarily until the employee's return from parental leave. However in the event that the employee's position is a "key position" (as contemplated in the Paid Parental Leaveand Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis.
16.10.2 Where the employer is not able to hold a position open, or to fill it temporarily until an employee returns from parental leave, or fills it permanently on the basis of it being a key position, and, at the time the employee returns to work, a similar position (as defined in 16.9.1 (a) above) is not available, the employer may approve one of the following options:
a) an extension of parental leave for up to a further 12 months until the employee's previous position or a similar position becomes available; or
b) an offer to the employee of a similar position in another location (if one is available) with normal transfer expenses applying; if the offer is refused, the employee continues on extended parental leave as in 16.10.2 (a) above for up to 12 months; or
c) the appointment of the employee to a different position in the same location, but if this is not acceptable to the employee the employee shall continue on extended parental leave in terms of 16.10.2 (a) above for up to 12 months:
