What is the return to work guarantee?
The return to work guarantee is your right to return to your pre-parental-leave job, or a comparable position, after unpaid parental leave.
The return to work guarantee is a National Employment Standards protection under section 84 of the Fair Work Act 2009. It gives an employee returning from unpaid parental leave the right to go back to the position they held before the leave started.
If that pre-leave position no longer exists — for example, because of a genuine restructure — the employer must offer an available position that is nearest in status and pay, for which the employee is qualified and suited. If the employee's role changed before they went on leave (such as moving from full-time to part-time), the guaranteed position is the one held immediately before the leave.
Key facts
- •Protected under s.84 of the Fair Work Act 2009 as part of the National Employment Standards
- •Employees can return to the position they held before unpaid parental leave
- •If that position no longer exists, the employer must offer the nearest comparable available role in status and pay
- •The guaranteed position is the one held immediately before the parental leave started
- •It applies to employees returning from unpaid parental leave under the NES
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Parental Leave CalculatorFrequently asked questions
Can my employer give my job to someone else while I'm on parental leave?
Your employer can fill your role temporarily, but the return to work guarantee under s.84 means you are entitled to return to your pre-leave position when your unpaid parental leave ends.
What if my old job no longer exists when I return?
If your pre-leave position genuinely no longer exists, your employer must offer you an available position nearest to it in status and pay that you are qualified and suited for.
FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.