Disputes about flexible work or unpaid parental leave extensions

Some employees have the right to request:

• extensions of unpaid parental leave
• flexible work arrangements because of family domestic violence. 

If an employer refuses or does not respond to one of these requests and the issue can’t be resolved at the workplace, we may be able to help. 

Read more about these rights relating to requests for flexible work and unpaid parental leave and making and considering a request, including which employees have these rights, and what might be considered reasonable business grounds for refusing a request. 

For requests made on or after 6 June 2023, an employee can ask us for help resolving a dispute where:

• the employer has not provided a response in writing within 21 days, or 
• the employer has refused a request.

To apply, use:

• Form F10B – Application to resolve a dispute about an extension of unpaid parental leave 
• Form F10C – Application to resolve a dispute about flexible work arrangement

We will generally try to resolve the dispute through conciliation first.

Conciliation is similar to mediation. A Commission Member will help the employer and employee discuss the issues and try to help them reach an agreement on how to resolve the dispute.

If the dispute is not resolved at conciliation, we can deal with the dispute by arbitration.

Arbitration is a more formal process involving a conference or hearing. We will schedule a conference or hearing and a Commission Member will decide what the outcome of the dispute will be. If there are exceptional circumstances we may go straight to arbitration without trying to resolve the dispute through conciliation. 

At arbitration, the Commission may order: 

• where the employer refused the request – that they did, or did not, have reasonable business grounds for refusing 
• where the employer has not responded to the employee’s request – that the employer take further steps as ordered by the Commission  
• where the employer has not responded in writing within 21 days – that the employer will be taken to have refused the request 
• that the employer must grant the request (only in certain circumstances)
• in disputes about flexible working arrangement requests – that the employer must make specific changes to the employee’s working arrangements (only in certain circumstances)
• in disputes about unpaid parental leave requests – that the employer extend the unpaid parental leave for up to 12 months (only in certain circumstances).