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Dismissal finding highlights need for clear parental leave management

An employee, who asked to reduce her hours when returning from parental leave, did not effectively resign when she indicated that she wouldn't return to a full-time position, the Fair Work Commission has found.

The ruling illustrates the need to clearly document expectations regarding employees' return-to-work intentions following parental leave.

The case involved a full-time training officer employed by WA-based labour hire and registered training company, ATC Work Smart, who informed her employer in October 2023 that she was pregnant.

After requesting a period of paid and unpaid parental leave, she stopped working in December and gave birth in February 2024. When her statutory paid parental leave ended in June, she continued taking unpaid parental leave...

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