Returning to work

One of the main responsibilities of employers is the health and safety of their employees at work. Employees returning from long-term absences e.g. Accident Compensation Corporation (ACC) leave, or parental leave may have specific requirements to help facilitate their safe return to work.

In this best practice guide for employers, we outline the return to work process, benefits of having a return to work policy, and ways Peninsula can help you implement these policies. Peninsula has worked with thousands of businesses and employers in New Zealand and supported them in employment relations and workplace health and safety.

Returning to work

Having an employee return to work from an extended absence can be a big adjustment for both parties. Whether an employee is returning to work from long-term parental leave, sick leave, an extended holiday or long-service leave – there are steps employers can take to make the transition back to work easy.

Employees who return to work are entitled to the same job they had before leaving, or they must return to a job similar in pay, status and qualifications. If an employee was transferred to a temporary job or reduced their hours due to pregnancy, they are entitled to continue the same job they had before the change of role or hours.

If an employee was transferred to a temporary job or alternative duties due to injury or illness, they may be entitled to return to their original duties once they are fit to work at a full capacity. Whether the employee continues the same job as they had before depended on several factors including their ability to perform the role and length of extended leave.

In general, whether an employee plans on returning to work or not, they must notify the employer about their intentions within an agreed timeframe.

Manage returning to work

Employers and employees should collaborate to ensure that the return to work process is hassle-free. Here are some useful tips for both parties to consider as part of the return to work plan:

For employees:

• Maintain contact with the employer and colleagues while on leave. In cases of parental leave, look into options for childcare in your local area well in-advance of returning to work, speak with management about options for breastfeeding at work and write to your employer at least 21 days prior to your leave ending to confirm your intention to return to work.
• Try to be flexible and understand that your workplace may have limits on how accommodating they can be.

For employers:

• Maintain the desired level of communication while the employee is on leave.
• Employers are legally required to notify the employee of major changes in the workplace that impact their employment.
• If an employee is returning to work after parental leave, try to be flexible to accommodate the employee’s childcare routine, be open about workplace policies regarding flexible working arrangements, and ensure there are adequate facilities for breastfeeding.

Return to work plan

While the circumstances of each individual will determine the level of care they need, a return-to-work plan should:

• Take into consideration any input from the returning employee and if appropriate a medical professional.
• Have clear outcomes for the employee to follow in order to make their transition back to work successful.
• Allocate the employee into a role with duties that reflect the skills available to them.
• Provide additional training, redeployment or reasonable adjustments if they can no longer perform their pre-injury role or responsibility.

As the employee goes through the process of returning to work, employers should monitor and review progress to ensure the plan is working as intended. If there are delays to the recovery and changes need to be made, this should be done with the employee’s full cooperation and in fairness to their individual circumstances.

Parental leave and return to work

If an employee decides to not go back to work after their parental leave ends, they must tell their employer in writing at least 21 days before the parental leave ends. An employer can modify the employment agreement to increase the number of days an employee has to give notice of their intention to resign.

An employee will continue to receive their parental leave payments after notifying the employer they do not intend to go back to work.

Employees who do not go back to work will be considered to have ended their employment on the first day of their parental leave. This means the amount of holiday pay they receive in their final pay is based on this condition.

What if an employer cannot keep the job open?

An employee cannot lose their job because they applied for or went on parental leave. However, if an employee takes more than four weeks of parental leave, their original position may change if it is considered a ‘key position’ or has been made redundant.

What defines a ‘key position’ depends on the size of the business and the level of skills or training required to do that job. An employee can disagree that their job is a key position.

In cases of parental leave, if an employer cannot keep the same job open, the employee enters a 26-week period known as a ‘period of preference.’ During this time, the employer must offer the returning employee a job similar in pay, status and qualifications at the nearest given opportunity.

Returning to work early

In most cases, an employee can only return to work early or start their preference period early if the employer agrees. If the employee returning to work was caring for the child they gave birth, employers can ask for a medical certificate to ensure they are suitable to work.

An employee can return to work without permission from an employer if:

• The employee, their spouse or partner is no longer a primary carer of the child
• The child was stillborn, miscarried or died

Employees must give at least 21 days’ notice (from the desired date of wanting to go back to work) of their intention to return early.

For advice on how to manage employees who are returning to work after parental leave, contact Peninsula.

This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.