Common use of Ability to Hold Position Open Clause in Contracts

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. 14.10.2 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 14.9.1 (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 14.10.2 (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 14.10.2 (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 14.10.2 (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 14.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 of this Agreement.

Ability to Hold Position Open. 14.10.1 9.10.1 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 20022002 ), the employer may fill the position on a permanent basis. 14.10.2 9.10.2 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 14.9.1 (a9.9.1a) 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 14.10.2 (a9.10.2a) 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 14.10.2 (a9.10.2a) 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 14.10.2 (a9.10.2a), 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 Where extended parental leave in terms of 14.10.2 (a9.10.2a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 28.0 of this Agreement.

Ability to Hold Position Open. 14.10.1 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 Leave and Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis. 14.10.2 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 14.9.1 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 14.10.2 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 14.10.2 16.10.2 (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 14.10.2 16.10.2 (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 14.10.2 16.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 33 of this Agreement.

Ability to Hold Position Open. 14.10.1 Where possible, the employer must, must hold the employee's position open or fill it temporarily until the employee's employee return from parental leave. However 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 20021987), the employer may fill the position on a permanent basis. 14.10.2 . 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 14.9.1 (a) 4.8.11 above) is not available, the employer may approve one of the following options: a) 4.8.14.1 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) 4.8.14.2 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 14.10.2 (a) clause 4.8.11 above for up to 12 months; or c) 4.8.14.3 the appointment of the employee to a different position in the same location, but if this is not acceptable to the employee employee, the employee shall continue on extended parental leave in terms of 14.10.2 (a) 4.8.14 above for up to 12 months: provided : 4.8.14.4 Provided that, if a different position is accepted and within the period of extended parental leave in terms of 14.10.2 (a)4.8.14, 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 4.8.14.5 Where extended parental leave in terms of 14.10.2 (a) 4.8.14 above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 10.4 of this Agreement.

Ability to Hold Position Open. 14.10.1 a) Where possible, the employer must, 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 basisbasis if they meet the requirements set out in the Act. 14.10.2 b) 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 14.9.1 16.9 (a) above) is not available, the employer may approve one of the following options: a(i) an 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(ii) an 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 14.10.2 (a16.10(b)(i) above for up to 12 months; or c(iii) the 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 14.10.2 (a16.10(b)(i) above for up to 12 months: provided : (iv) Provided that, if a different position is accepted and within the period of extended parental leave in terms of 14.10.2 (a16.10(b)(i), 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(v) where Where extended parental leave in terms of 14.10.2 (a16.10(b)(i) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 24.3 of this Agreementcontract.

Ability to Hold Position Open. 14.10.1 10.10.1 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. 14.10.2 10.10.2 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 14.9.1 10.9.1 (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 14.10.2 10.10.2 (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 14.10.2 10.10.2 (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 14.10.2 (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 14.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 of this Agreement.of

Ability to Hold Position Open. 14.10.1 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" (as contemplated in the Paid Parental Leave and Employment Protection Amendment Act 2002Act), the employer may fill the position on a permanent basis. 14.10.2 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, and, at the time the employee returns to work, a similar position (as defined in 14.9.1 (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 14.10.2 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 14.10.2 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 14.10.2 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 14.10.2 10.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 30 of this Agreement.

Ability to Hold Position Open. 14.10.1 24.10.1 Where possible, the employer must, 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. 14.10.2 24.10.2 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 14.9.1 (a) 24.9.1 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 14.10.2 (a) 24.3 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 14.10.2 (a) 24.3 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 14.10.2 (a)24.3, 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 14.10.2 (a) 24.3 above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 29 of this Agreementcontract.

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 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 20021987), the employer may fill the position on a permanent basis. 14.10.2 . 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 14.9.1 10.9.1 (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 14.10.2 10.10.2 (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 14.10.2 10.10.2 (a) above for up to 12 months: provided Provided that, if a different position is accepted and within the period of extended parental leave in terms of 14.10.2 10.10.2 (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 14.10.2 10.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 31.4 of this Agreement.

Ability to Hold Position Open. 14.10.1 15.10.1 Where possible, the employer must, must hold the employee's ’s position open or fill it temporarily until the employee's ’s return from parental leave. However in the event that the employee's ’s position is a "“key position" ” (as contemplated in the Paid Parental Leave and Employment Protection Amendment Act 2002Act), the employer may fill the position on a permanent basis. 14.10.2 15.10.2 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 14.9.1 (a15.9.1(a) above) is not available, the employer may approve one of the following options: (a) an An extension of parental leave for up to a further 12 months until the employee's ’s previous position or a similar position becomes available; or (b) an 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 14.10.2 (a15.10.2(a) above for up to 12 months; or (c) the 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 14.10.2 (a15.10.2(a) above for up to 12 months: provided ; Provided that, if a different position is accepted and within the period of extended parental leave in terms of 14.10.2 (a15.10.2(a), the employee's ’s previous position or a similar position becomes available, then the employee shall be entitled to be appointed to that position; or (d) where Where extended parental leave in is terms of 14.10.2 (a15.10.2(a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 24 of this Agreement.

Ability to Hold Position Open. 14.10.1 a) Where possible, the employer must, 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 basisbasis if they meet the requirements set out in the Act. 14.10.2 b) 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 14.9.1 16.9 (a) above) is not available, the employer may approve one of the following options: a(i) an 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(ii) an 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 14.10.2 (a16.10(b)(i) above for up to 12 months; or c(iii) the 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 14.10.2 (a16.10(b)(i) above for up to 12 months: provided : (iv) Provided that, if a different position is accepted and within the period of extended parental leave in terms of 14.10.2 (a16.10(b)(i), 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(v) where Where extended parental leave in terms of 14.10.2 (a16.10(b)(i) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 35.3 of this Agreementcontract.

Ability to Hold Position Open. 14.10.1 4.7.12.1 Where possible, the employer must, must hold the employee's position open or fill it temporarily until the employee's employee return from parental leave. However 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 20021987), the employer may fill the position on a permanent basis. 14.10.2 4.7.12.2 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 14.9.1 (a) 4.7.9 above) is not available, the employer may approve one of the following options: a) 4.7.12.3 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) 4.7.12.4 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 14.10.2 (a) clause 4.7.9 above for up to 12 months; or c) 4.7.12.5 the appointment of the employee to a different position in the same location, but if this is not acceptable to the employee employee, the employee shall continue on extended parental leave in terms of 14.10.2 (a) 4.7.12 above for up to 12 months: provided : 4.7.12.6 Provided that, if a different position is accepted and within the period of extended parental leave in terms of 14.10.2 (a)4.7.12, 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 4.7.12.7 Where extended parental leave in terms of 14.10.2 (a) 4.7.12 above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 10.4 of this Agreement.

Ability to Hold Position Open. 14.10.1 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" (as contemplated in the Paid Parental Leave and Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis. 14.10.2 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, and, at the time the employee returns to work, a similar position (as defined in 14.9.1 (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 14.10.2 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 14.10.2 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 14.10.2 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 14.10.2 10.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 26 of this Agreement.

Ability to Hold Position Open. 14.10.1 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 Leave and Leaveand Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis. 14.10.2 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 14.9.1 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 14.10.2 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 14.10.2 16.10.2 (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 14.10.2 (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 14.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 of this Agreement.:

Ability to Hold Position Open. 14.10.1 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" (as contemplated in the Paid Parental Leave and Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis. 14.10.2 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, and, at the time the employee returns to work, a similar position (as defined in 14.9.1 (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 14.10.2 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 14.10.2 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 14.10.2 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 14.10.2 10.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 30 of this Agreement.

Ability to Hold Position Open. 14.10.1 10.10.1 Where possible, the employer must, hold the employee's position open or fill it temporarily until the employee's return from parental leave. However 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 20021987), the employer may fill the position on a permanent basis. 14.10.2 10.10.2 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 14.9.1 10.9.1 (a) above) is not available, the employer may approve one of the following options: a) an extension of parental primary carer 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 primary carer l leave as in 14.10.2 10.10.2 (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 primary carer leave in terms of 14.10.2 10.10.2 (a) above for up to 12 months: provided that, if a different position is accepted and within the period of extended parental primary carer leave in terms of 14.10.2 10.10.2 (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 primary carer leave in terms of 14.10.2 10.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 31 of this Agreement.

Ability to Hold Position Open. 14.10.1 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. 14.10.2 1 4.10.2 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 bein g a key and NDHB Social Worker SECA 1 December 2020 to 12 December 2021 position, and, at the time the employee returns to work, a similar position (as defined in 14.9.1 (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 whh normal transfer expenses applying; if the offer is refused, the employee continues on extended parental leave as in 14.10.2 (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 14.10.2 (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 14.10.2 14. 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 14.10.2 14. 10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 of this Agreement.

Ability to Hold Position Open. 14.10.1 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 Leave and Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis. 14.10.2 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 14.9.1 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 14.10.2 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 14.10.2 16.10.2 (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 14.10.2 16.10.2 (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 14.10.2 16.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 38 of this Agreement. 16.11 If the employee declines the offer of appointment to the same or similar position in terms of sub clause 16.9.1 above, parental leave shall cease. 16.12 Where, for reasons pertaining to the pregnancy, an employee on medical advice and with the consent of the employer, elects to work reduced hours at any time prior to confinement, then the guaranteed proportion of full-time employment after parental leave shall be the same as that immediately prior to such enforced reduction in hours. 16.13 Parental leave absence filled by temporary appointee - If a position held open for an employee on parental leave is filled on a temporary basis, the employer must inform the temporary appointee that their employment will terminate on the return of the employee from parental leave. 16.14 Employees on parental leave may from time to time and by agreement work occasional duties during the period of parental leave and this shall not affect the rights and obligations of either the employee or the employer under this clause.

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 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 20021987), the employer may fill the position on a permanent basis. 14.10.2 . 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 14.9.1 10.9.1 (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 14.10.2 10.10.2 (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 14.10.2 10.10.2 (a) above for up to 12 months: provided Provided that, if a different position is accepted and within the period of extended parental leave in terms of 14.10.2 10.10.2 (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 14.10.2 10.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 clause31.4 of this Agreement.

Ability to Hold Position Open. 14.10.1 11.10.1 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. 14.10.2 11.10.2 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 14.9.1 (11.9.1 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 14.10.2 (11.10.2 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 14.10.2 (11.10. 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 14.10.2 (11.10.2 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 14.10.2 (11.10. 2 a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 23 of this Agreement.

Ability to Hold Position Open. 14.10.1 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 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 2002Act), the employer may fill the position on a permanent basis. 14.10.2 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, and, at the time the employee returns to work, a similar position (as defined in 14.9.1 (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 14.10.2 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 14.10.2 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 14.10.2 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 14.10.2 10.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 30 of this Agreement.

Ability to Hold Position Open. 14.10.1 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 Leave and Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis. 14.10.2 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 14.9.1 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 14.10.2 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 14.10.2 16.10.2 (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 14.10.2 (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 14.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 of this Agreement.:

Ability to Hold Position Open. 14.10.1 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 Leave and Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis.. and Auckl 14.10.2 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 14.9.1 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 14.10.2 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 14.10.2 16.10.2 (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 14.10.2 16.10.2 (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 14.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 of this Agreement.

Ability to Hold Position Open. 14.10.1 28.10.1 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. 14.10.2 28.10.2 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 14.9.1 28.9.1 (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 14.10.2 28.10.2 (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 14.10.2 28.10.2 (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 14.10.2 28.10.2 (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 14.10.2 28.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 30 of this Agreement.

Ability to Hold Position Open. 14.10.1 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" (as contemplated in the Paid Parental Leave and Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis. 14.10.2 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, and, at the time the employee returns to work, a similar position (as defined in 14.9.1 (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 14.10.2 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 14.10.2 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 14.10.2 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 14.10.2 10.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 30 of this Agreement.

Ability to Hold Position Open. 14.10.1 10.10.1 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 20021987), the employer may fill the position on a permanent basis. 14.10.2 10.10.2 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 14.9.1 10.9.1 (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 empioyee continues on extended parental leave as in 14.10.2 10.10.2 (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 14.10.2 10.10.2 (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 14.10.2 10.10.2 (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 14.10.2 10.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 31 of this Agreement.

Ability to Hold Position Open. 14.10.1 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 Leave and Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis. 14.10.2 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 14.9.1 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 14.10.2 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 14.10.2 16.10.2 (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 14.10.2 16.10.2 (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 14.10.2 (a) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 25 of this Agreement.