Letter of refusal of extension of parental leave

Under the National Employment Standards, eligible employees are entitled to 12 months unpaid parental leave. An employee on parental leave can also request to e tend their leave by an additional 12 months !up to a total o" 2# months "rom the date o" birth or placement o" the child$. %ou can use this letter to advise an employee that their request "or additional parental leave has been re"used in the "ollo&ing situations'

the employee is requesting an additional 12 months leave, or the employee is requesting an e tension &ithin the initial 12 months, and they have already e tended their leave at least once.

%ou can only re"use a request to e tend parental leave beyond 12 months on reasonable business grounds. %ou can not re"use an employees "irst request to e tend their parental leave &ithin the initial 12 months. (or more in"ormation about parental leave entitlements and obligations, visit &&&."air&or).gov.au*leave.

Suggested steps for preparing a letter of refusal of extension of parental leave

If at any time you need more information or assistance, call the Fair Work Infoline on 13 13 9 or visit !!!"fair!ork"gov"au"

Step 1# $onsider the employee%s re&uest

An employee &ho &ishes to e tend their parental leave needs to provide the request in &riting at least # &ee)s be"ore the end date o" the original period o" leave. +" the employee is requesting to e tend their parental leave &ithin the initial 12 months, you can not re"use their "irst request. +" the employee ma)es subsequent requests to e tend their parental leave &ithin the initial 12 months, they need your approval. %ou can re"use an employees request to e tend their parental leave by an additional 12 months i" you have reasonable business grounds "or doing so.

Step '# (alk to the employee

+t is a good idea to )eep in regular contact &ith employees &ho are on parental leave. ,al)ing to the employee about their request is an opportunity "or you to'

advise them o" the reasons "or re"using their request discuss alternatives to help them manage their &or) and carers responsibilities, and arrange a return to &or) plan.

,he -est .ractice /uide on &or) 0 "amily can help you provide "le ible &or) strategies to allo& your employees to balance their &or) and "amily responsibilities.

Step 3# $reate your letter of refusal of extension of parental leave

+" you re"use an employees request to e tend their parental leave, you must provide a &ritten response to the employee &ithin 21 days o" the request. %our response must include the "ollo&ing in"ormation'

that the request has been re"used, and the reasons "or the re"usal !&hich must be on reasonable business grounds$.

,his template has been colour coded to assist you to complete it accurately. %ou simply need to replace the red 2 3 &riting &ith &hat applies to your employee and situation. Some o" the sections are optional because they might not apply to your employee and can simply be deleted. E planatory in"ormation is sho&n in blue italics to assist you and should be deleted once you have "inished the letter.

Step # )rovide the letter to the employee and keep a copy for your records
.rovide the letter to the employee, ensuring they receive it &ithin 21 days o" their request. %ou should also )eep a copy o" the letter "or your records.

Fair Work Ombudsman is committed to providing useful, reliable information to help you understand your rights and obligations under workplace laws. It is your responsibility to comply with workplace laws that apply to you. The information contained in this publication is: 1 general in nature and may not deal with all aspects of the law that are relevant to your specific situation and 1 not legal advice. Therefore, you may wish to seek independent professional advice to ensure all the factors relevant to your circumstances have been properly considered.

2.rint on your business letterhead3

2:ate3 )rivate and confidential 2+nsert employees "ull name3 2+nsert employees residential address3

:ear 2insert name3 *efusal of extension of parental leave +n accordance &ith the requirements outlined under the Fair Work !ct "##$, + am &riting to advise that your application "or an e tension o" parental leave cannot be accommodated at this time due to business reasons. Speci"ically, 2insert reasons "or re"usal; note they can only relate to reasonable business grounds3.
Optional. %elete the following sentence if it doesn&t apply.

As an alternative, &e may be able to negotiate "le ible &or)ing arrangements that assist you and the business to manage this situation. .lease contact me on 2insert phone number3 to discuss this "urther. %ours sincerely,

2+nsert name3 2+nsert position3

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