Common use of Right to request Clause in Contracts

Right to request. (a) An employee entitled to parental leave may request the employer to allow the employee: (1) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks; (2) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months; (3) 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. (b) The employer shall 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 adequate replacement staff, loss of efficiency and the impact on customer service. (c) Employee’s request and the employer’s decision to be in writing. The employee’s request and the employer’s decision made pursuant to subparagraph (2) of paragraph (a) of subclause (iii) Right to Request and subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause must be recorded in writing. (d) Request to return to work part-time Where an employee wishes to make a request pursuant subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

Appears in 3 contracts

Samples: Collective Agreement, Employee Collective Agreement, Collective Agreement

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Right to request. (a) An employee Employee entitled to parental leave pursuant to the provisions of clause 28.3 may request the employer Employer to allow the employeeEmployee: (1i) to extend the period of simultaneous unpaid parental leave use provided for in clause 28.4(a) up to a maximum of eight weeks; (2ii) to extend the period of unpaid parental leave provided for in clause 28.3 by a further continuous period of leave not exceeding 12 months; (3iii) to return from a period of parental leave on a part-time basis until the child reaches school age; to assist the employee Employee in reconciling work and parental responsibilities. (b) The employer Employer shall consider the request having regard to the employeeEmployee’s circumstances and, provided the request is genuinely based on the employeeEmployee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employerEmployer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. (c) Employee’s request and the employerEmployer’s decision to be in writing. . (i) The employeeEmployee’s request and the employerEmployer’s decision made pursuant to subparagraph under sub- clause (2a)(ii) of paragraph and (aa)(iii) of subclause (iii) Right to Request and subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause must be recorded in writing. The Employer’s response, including details of the reasons for any refusal, must be given as soon as practicable, and no later than 21 days after the request is made. (d) Request to return to work part-time time. (i) Where an employee Employee wishes to make a request pursuant subparagraph under sub-clause (3a)(iii) of paragraph (a) of subclause (iii) Right to Request of this Clause above, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee Employee is due to return to work from parental leave.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Victorian Public Mental Health Services Enterprise Agreement 2012 2016

Right to request. (a) An employee entitled to parental leave may request the employer to allow the employee: (1) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks; (2) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months; (3) 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. (b) The employer shall 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 adequate replacement staff, loss of efficiency and the impact on customer service. (c) Employee’s request and the employer’s decision to be in writing. writing The employee’s request and the employer’s decision made pursuant to subparagraph (2) of paragraph (a) of subclause (iii) Right to Request and subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause must be recorded in writing. (d) Request to return to work part-time Where an employee wishes to make a request pursuant subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Right to request. (a) An employee entitled to parental leave may request the employer to allow the employee: (1i) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks; (2ii) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months; (3iii) 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. (b) The employer shall 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 adequate replacement staff, loss of efficiency and the impact on customer service. (c) Employee’s request and the employer’s decision to be in writing. writing The employee’s request and the employer’s decision made pursuant to subparagraph (2ii) of paragraph (a) of subclause (iii) 38.3 Right to Request and subparagraph (3iii) of paragraph (a) of subclause (iii) 38.3 Right to Request of this Clause clause must be recorded in writing. (d) Request to return to work part-time Where an employee wishes to make a request pursuant subparagraph (3iii) of paragraph (a) of subclause (iii) 38.3 Right to Request of this Clause such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Right to request. (a) An To assist the employee in reconciling work and parental responsibilities, an employee entitled to parental leave pursuant to the provisions of 5.6.2 (a) may request the employer TIO to allow the employeeemployee to: (1i) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks; (2) to extend the period of unpaid parental leave provided for in 5.6.2(a) (the standard period) for a further continuous period of leave not exceeding 52 weeks provided that: • Where an employee's spouse is taking parental leave, the extended unpaid parental leave cannot exceed 12 monthsmonths less any period of parental leave that the Employee's spouse has taken, or will have taken, in relation to the child before the request starts; and • An employee is not entitled to extend the period of unpaid parental leave beyond 24 months after the date of birth or placement of the child; (3ii) to return from a period of parental leave on a flexible basis (eg, on a part-time basis basis) in one or more periods until the child reaches school age; to assist the employee in reconciling work and parental responsibilities. (b) The employer TIO must give the employee a written response stating whether it grants or refuses a request under 5.6.9(a) within 21 days of the request. TIO shall consider the request having regard to the employee’s 's circumstances and, provided the request is genuinely based on the employee’s 's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s TIO's business. Such grounds might If TIO refuses the request, the written response must include cost, lack of adequate replacement staff, loss of efficiency and reasons for the impact on customer servicerefusal. (c) Employee’s 's request and the employer’s TIO's decision to be in writing. writing The employee’s 's request and the employer’s TIO's decision made pursuant to subparagraph (2under 5.6.9(a) of paragraph (aand 5.6.9(b) of subclause (iii) Right to Request and subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause must be recorded in writing. (d) Request to return to work part-part time Where an employee wishes to make a request pursuant subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause under 5.6.9(a)(ii), such a request must be made as soon as possible but no less than seven four weeks prior to the date upon which the employee is due to return to work from parental leave. (e) Part-time work performed Where TIO agrees to an employee's request under 5.6.9(a)(ii), the part-time work does not need to be the same or similar work performed by the employee in their former position. Notwithstanding this, TIO will have regard to the employee's usual position, classification and rate of pay, and where practicable, provide part-time work that is commensurate with that position, classification and rate of pay. (f) Part-time work agreement Where an employee returns to work part-time in accordance with this clause, a part-time work agreement will be entered into between TIO and the employee stating: • that the employee is to work part-time; • the hours to be worked by the employee and commencing time for the work; • the period of part-time employment; • that the terms of the agreement may be varied by consent; and • the position, classification and rate of pay applying to the work to be performed. • the part-time work agreement (and any written variation) will be retained by TIO on the employee's file and a copy provided to the employee.

Appears in 2 contracts

Samples: Territory Insurance Office Collective Agreement 2014, Territory Insurance Office Collective Agreement 2014

Right to request. (a) An employee Employee entitled to parental leave pursuant to the provisions of this Clause may request that the employer to Employer allow the employeeEmployee: (1i) to extend the period of simultaneous 52 unpaid parental leave use up to a maximum of eight weeks; (2) to extend the period of unpaid parental leave for by a further continuous period of leave not exceeding 12 months;; or (3ii) to return from a period of parental leave on a part-time basis until different working arrangements whilst the child reaches is of school ageage or younger, or is under 18 and has a disability; to assist the employee Employee in reconciling work and parental responsibilities. “Different working arrangements” may include changes in hours of work, patterns of work or location of work. (b) The employer Employer shall consider the request having regard to the employeeEmployee’s circumstances and, and provided the request is genuinely based on the employeeEmployee’s parental responsibilities, responsibilities may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s businessbusiness grounds. Such grounds might include include, but are not limited to, cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. (c) The further details of responding to such a request, including the process for the Employer to follow for considering and before responding to such a request, and the requirements for the Employer’s written response if the request is refused or if a different arrangement is agreed, will be in accordance with the NES. (d) The Employee’s request and the employerEmployer’s decision to made under subclauses 50.3(a) and 50.3(b) must be in writing. The employeeEmployer’s request and response, including details of the employer’s decision made pursuant to subparagraph (2) of paragraph (a) of subclause (iii) Right to Request and subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause reasons for any refusal, must be recorded in writinggiven as soon as is practicable and no later than 21 days after the request is made. (de) Any dispute relating to a refusal by the Employer to agree to a request made by an Employee under clause 50.3(a), or a failure by the Employer to provide a written response within 21 days of the Employee making the request, will be handled in accordance with clause 58 (Dispute Resolution Procedure). (f) Request to return Return to work partWork Part-time Where an employee wishes to make a A request pursuant subparagraph (3under clause 50.3(a) of paragraph (a) of subclause (iii) Right to Request of this Clause such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee Employee is due to return to work from parental leave.

Appears in 1 contract

Samples: Nursing and Aged Care Enterprise Agreement

Right to request. (a) An employee entitled to parental leave pursuant to the provisions of this clause may request the employer to allow the employee: (1i) to extend the period of simultaneous unpaid parental leave use provided for in subclauses 12.2.(b)(i) and 12.2(b)(ii) up to a maximum of eight weeks; (2ii) to extend the period of unpaid parental leave provided for in clause 12.2(a) by a further continuous period of leave not exceeding 12 months; (3iii) 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. (b) The employer shall 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 adequate replacement staff, loss of efficiency and the impact on customer service. (c) Employee’s Employee request and the employer’s employer decision to be in writing. The employee’s request and the employer’s decision made pursuant to subparagraph (2) of paragraph (a) of subclause (iii) Right to Request and subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause must be recorded in writing. (d) Request to return to work part-time Where time (i) Subject to subclause 12.3(d)(ii)), where an employee wishes to make a request pursuant subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause under 12.3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave. (ii) If an employee makes a request under 12.3(a)(iii) less than seven weeks prior to the date upon which the employee is due to return to work from parental leave, the employer shall consider the request having regard to the employee’s circumstances. Provided the request is genuinely based on the employee’s parental responsibilities, the employer may only refuse the request on the grounds set out in 12.3(b), or on reasonable grounds that due to a lack of notice the employer is genuinely unable to accommodate the employee’s request. Such grounds might include an inability to recruit replacement staff or to restructure the position within the available time constraints.

Appears in 1 contract

Samples: Union Collective Workplace Agreement

Right to request. (a) An employee entitled to parental leave may request the employer to allow the employee: (1) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks; (2) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months; (3) 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. (b) The employer shall 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 adequate replacement staff, loss of efficiency and the impact on customer service. (c) Employee’s request and the employer’s decision to be in writing. writing The employee’s request and the employer’s decision made pursuant to subparagraph (2) of paragraph (a) of subclause (iii) Right to Request and subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause must be recorded in writing. (d) Request to return to work part-time Where an employee wishes to make a request pursuant subparagraph (3) of paragraph paragraph (a) of subclause (iii) Right to Request of this Clause such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

Appears in 1 contract

Samples: Union Collective Agreement

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Right to request. (a) An employee entitled to parental leave may request the employer to allow the employee: (1i) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks; (2ii) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months; (3iii) 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. (b) The employer shall 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 adequate replacement staff, loss of efficiency and the impact on customer service. (c) Employee’s request and the employer’s decision to be in writing. The employee’s request and the employer’s decision made pursuant to subparagraph (2ii) of paragraph (a) of subclause (iii) 38.3 Right to Request and subparagraph (3iii) of paragraph (a) of subclause (iii) 38.3 Right to Request of this Clause clause must be recorded in writing. (d) Request to return to work part-time Where an employee wishes to make a request pursuant subparagraph (3iii) of paragraph (a) of subclause (iii) 38.3 Right to Request of this Clause such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

Appears in 1 contract

Samples: Employer Agreement

Right to request. (ai) An employee Employee entitled to parental leave pursuant to the provisions of clause 25 or the NES may request the employer Employer to allow the employeeEmployee: (1) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks; (2) to extend the period 52 weeks of unpaid parental leave for by a further continuous period of leave not exceeding 12 months;; and/or (32) to return change their working arrangements to assist them in caring for their child, after returning from a period of parental leave on or at any time while a child is school age or under, or is under 18 and has a disability. Examples of changes in working arrangements include working part-time basis until the child reaches school agetime, changes in hours of work, changes in patterns of work and changes in location of work; to assist the employee Employee in reconciling work and parental responsibilities. (bii) The employer Employer shall consider the request having regard to the employeeEmployee’s circumstances and, provided the request is genuinely based on the employeeEmployee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on of the workplace or the employerEmployer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. (ciii) Employee’s request and the employerEmployer’s decision to be in writing. writing The employeeEmployee’s request and the employerEmployer’s decision made pursuant to subparagraph under subclauses 25(g)(i) and (2ii) of paragraph (a) of subclause (iii) Right to Request and subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause must be recorded in writing. The Employer must give the Employee a written response to their request as soon as practicable but no later than 21 days after the request was made, stating whether the Employer grants or refuses the request and if the request is refused, the reasons why the request has been refused. (div) Request to return to work part-time change working arrangements Where an employee Employee wishes to make a request pursuant subparagraph (3) of paragraph (a) of under subclause (iii) Right to Request of this Clause 25(g)(i)(2), such a request must should be made as soon as possible but no less than and at least seven weeks (7) weeks, if practicable, prior to the date upon which the employee Employee is due to return to work from parental leave.

Appears in 1 contract

Samples: Enterprise Agreement

Right to request. (a) An employee Subject to clause 40.12(f) an Employee entitled to primary care giver parental leave may may, in addition to the entitlement to vary under clause 40.8 request the employer Gateways to allow the employeeEmployee to: (1i) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks; (2) to extend the period of unpaid parental leave for by a further continuous period of leave not exceeding 12 24 months;; or (3ii) to return Return from a period of parental leave or adoption leave on a part-part time basis or with other flexible working arrangements until the child reaches school age; to assist the employee Employee in reconciling work and parental responsibilities. (b) The employer Where an Employee wishes to make a request, such a request must be made as soon as possible, but not less than 4 weeks before the Employee is due to return to work from parental leave. (c) Gateways shall consider the request having regard to the employeeEmployee’s circumstances and, provided the request is if genuinely based on the employeeEmployee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s Gateways’ business. Such grounds might may include cost, lack of adequate replacement staffEmployees, loss of efficiency and the impact on customer service. (cd) The Employee’s request and the employer’s Gateways’ decision to be in writing. The employee’s request and the employer’s decision reasons made pursuant to subparagraph (2) of paragraph (a) of subclause (iii) Right to Request and subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of under this Clause clause must be recorded in writing. (de) Request Examples of flexible working arrangements include: (i) changes in hours of work for example changes to start and finish times; and/or (ii) changes in patterns of work for example split shifts or job sharing; and/or (iii) request to work part time with an ability to return to previous full time role at an agreed future date; and/or (iv) a change in location of work part-time Where an employee wishes to for example working from home. (f) An Employee may make a request pursuant subparagraph under clause 40.12(a) only if: (3i) for a casual Employee – the Employee is an eligible casual Employee of paragraph Gateways immediately before making the request; (aii) for all other Employees – the Employee has completed at least 12 months of subclause continuous service with Gateways immediately before making the request. (iiig) Right to Request of this Clause such a The Employee’s request must be made as soon as possible but no less than seven provided in writing at least 4 weeks prior to the date upon which commencement of any change, set out details of the employee change sought and of the reasons for the change. (h) Gateways must give the Employee a written response to the request within 14 days stating whether Gateways grants or refuses the request. (i) If Gateways refuses the request, the written response must include details of the reasons for the refusal. (j) Gateways may refuse the request only on reasonable business grounds. (k) Without limiting what are reasonable business grounds for the purposes of clause 40.12(i), reasonable business grounds include the following: (i) that the new working arrangements requested by the Employee would be too costly for Gateways; (ii) that there is due no capacity to return change the working arrangements of other Employees to work from parental leaveaccommodate the new working arrangements requested by the Employee; that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; (iii) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; or (iv) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service.

Appears in 1 contract

Samples: Enterprise Agreement

Right to request. (a) 49.7.1 An employee Employee entitled to parental leave pursuant to the provisions of clause 49.2 may request the employer Employer to allow the employeeEmployee: (1a) to extend the period of simultaneous unpaid parental leave use provided for in clause 46.3 up to a maximum of eight weeks; (2b) to extend the period of unpaid parental leave provided for in clause 46.2 by a further continuous period of leave not exceeding 12 months; (3c) to return from a period of parental leave on a part-time basis or request to work flexibly (under clause 50) until the child reaches school age; to assist the employee Employee in reconciling work and parental responsibilities. (b) 49.7.2 The employer Employer shall provide the Employee with a reasonable opportunity to discuss the request with the employer. The Employer shall consider the request having regard to the employeeEmployee’s circumstances and, provided and the request is genuinely based on the employeeEmployee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employerEmployer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. (c) 49.7.3 Employee’s request and Employer’s decision to be in writing The Employee’s request and the employer’s decision to be in writing. The employee’s request and the employerEmployer’s decision made pursuant to subparagraph (2under clause 49.7.1(a), clause 49.7.1(b) of paragraph (aand clause 49.7.1(c) of subclause (iii) Right to Request and subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause must be recorded in writing. The Employer’s response, including details of the reasons for any refusal, must be given as s oon as practicable, and no later than 21 days after the request is made. (d) 49.7.4 Request to return to work part-time Where an employee Employee wishes to make a request pursuant subparagraph (3) of paragraph (a) of subclause (iii) Right to Request of this Clause under clause 49.7.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee Employee is due to return to work from parental leave.

Appears in 1 contract

Samples: Enterprise Agreement

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