Common use of Return from Parental Leave Clause in Contracts

Return from Parental Leave. (a) 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 if they meet the requirements set out in the Act. (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 20.9 (a) above) is not available, the employer may approve one of the following options: (i) 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 (ii) 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 20.10(b)(i) above for up to 12 months; or (iii) 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 20.10(b)(i) 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 20.10(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 (iv) where extended parental leave in terms of 20.10(b)(i) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 27 of this contract.

Return from Parental Leave. (a) Where possible, the employer 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"”, the employer may fill the position on a permanent basis if they meet the requirements set out in the Act. (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 20.9 (a) above) is not available, the employer may approve one of the following options: (i) a. 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 (ii) 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 20.10(b)(i) above for up to 12 months; or (iii) 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 20.10(b)(i) above for up to 12 months: : i. provided that, if a different position is accepted and within the period of extended parental leave in terms of 20.10(b)(i), 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 (iv) ii. where extended parental leave in terms of 20.10(b)(i) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 27 28 of this contract.