Asking for flexible work after parental leave: your right to request
Somewhere between the end of parental leave and your first day back, the logistics hit you: the centre opens at a certain time, your old start time doesn't line up with drop-off, and pick-up sits right in the middle of a standing meeting. You want your job, but you just need it to bend a little around your family.
Here's the part many parents don't realise: asking for that isn't a favour you're begging for. For a lot of parents it's a legal right to request, with rules your employer has to follow. Let's dive into the process now.
Do you have a right to request flexible working arrangements?
If you're the parent of a child who's school age or younger and you've worked for the same employer for at least 12 months, you have a right under the National Employment Standards to request flexible working arrangements. It's a right to ask and have your request properly considered, not an automatic right to receive exactly what you asked for.
The 12-month rule applies to permanent employees, and long-term casuals can also request if they've worked regularly and systematically for at least 12 months with a reasonable expectation of continuing. Being a parent or carer of a young child is one of the grounds that gives you this right. Others include pregnancy, disability, being 55 or older, being a carer, and experiencing or supporting a family or household member experiencing family and domestic violence.
What counts as flexible working arrangements?
Flexible working arrangements cover changes to when, where or how much you work. That can mean different start and finish times, part-time or reduced hours, working from home, job-sharing, or a compressed working week.
For a parent coming back from leave, that often looks like starting at 10am so you can do drop-off, finishing earlier for pick-up, working from home a day or two a week, or moving to a nine-day fortnight. There's a lot of room to shape a pattern that fits your family and still works for your role.
How do you make a flexible work request?
To make a flexible work request, put it in writing to your employer, setting out the change you want and the reasons for it. Your employer then has 21 days to respond in writing.
A clear written request makes it easy for your employer to say yes. Include the specific change you're after (for example, a 9:30am start), a note that you're making a request for flexible working arrangements under the National Employment Standards, your reason (such as caring for a child who's school age or younger), a proposed start date, and a line saying you're open to discussing alternatives. Keeping it specific and reasonable gives your request the best shot.
When can an employer refuse a flexible work request?
An employer can only refuse a flexible work request on reasonable business grounds, and only after they've discussed it with you and made a real effort to reach agreement on alternatives. They have to respond in writing within 21 days, and a refusal must explain the grounds and set out any changes they are willing to make.
Reasonable business grounds depend on the size and nature of the business, and can include that the change would be too costly, that it would be impractical to change other employees' arrangements or hire someone to cover the request, or that it would cause a significant loss of efficiency or a significant negative impact on customer service. A simple preference, like wanting everyone in the office, generally isn't enough on its own. The employer also has to weigh up the effect on you before they refuse.
What can you do if your flexible work request is refused?
If your employer refuses your request, doesn't respond within 21 days, or doesn't follow the required steps, you can raise a dispute with the Fair Work Commission. The Commission can help you and your employer resolve it, and if that doesn't work, it can arbitrate and make binding orders.
Before it gets to that, it's often worth a follow-up conversation or a written request to reconsider, sometimes with a tweaked proposal. Many requests are sorted out through discussion once both sides understand what's possible. This is general information rather than legal advice, so for your own situation the Fair Work Ombudsman or a workplace adviser can point you in the right direction.
Can you go back to your old job after parental leave?
Yes. If you took unpaid parental leave, you have a return to work guarantee: the right to go back to the position you held before your leave started. You're entitled to that job even if someone has been covering it while you were away.
If your pre-leave position no longer exists when you return, you're entitled to an available position that you're suitably qualified for and that's nearest in pay and status to your old role. This sits alongside your right to request flexible work, so you can return to your role and ask to reshape how you do it.
What to put in a flexible work request
Use this as a quick checklist when you write to your employer:
- The specific change. Spell out exactly what you're asking for, such as a later start or a set work-from-home day.
- The reason. Note that you're a parent of a child who's school age or younger.
- A start date. Give a date you'd like the arrangement to begin.
- Your flexibility. Say you're happy to discuss alternatives that work for both sides.
- Keep a copy. Send it in writing and keep a record, so the 21-day clock is clear.
Asking is your right
Reshaping your work around a young family is one of the most normal things in the world, and the law recognises that. You have a right to put a request forward, to have it properly considered, and to a clear written answer. That's a strong starting point for building a working pattern that fits your family.
When you're ready, our guide to planning your return to work can help you map out the rest. And if you're still in the throes of looking for childcare, we can help you with that too.
Search childcare near you.
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