Under the Fair Work Act 2009 (Cth), keeping in touch days are specific days during an employee’s parental leave when they can perform work for their employer without breaking the continuity of their leave. These days are designed to help employees stay connected to their workplace and facilitate a smoother return to work after the end of their leave period.
What is keeping in touch days?
For a day to qualify as a keeping in touch day, the following conditions must be met:
- The purpose of the work performed on that day must be to enable the employee to keep in touch with their employment and facilitate their return to work after the leave ends.
- Both the employee and the employer must consent to the employee performing work on that day.
- The day must not fall within:
- 14 days after the birth or placement of the child if the employee suggested or requested the work; or
- 42 days after the birth or placement of the child in all other circumstances.
- The employee must not have already performed work on more than 10 keeping in touch days during the period of leave.
The duration of work performed on a keeping in touch day is not relevant; even a short period of work qualifies as a keeping in touch day. However, keeping in touch days cannot be taken during flexible unpaid parental leave, as this type of leave is intended for employees who have already returned to work.
Employers are required to pay employees for work performed on keeping in touch days, in accordance with the relevant employment contract or industrial instrument. However, keeping in touch days do not extend the overall period of unpaid parental leave.
Additionally, the decision of an employee to consent to work on a keeping in touch day is protected under section 344 of the Fair Work Act, which prohibits employers from exerting undue influence or pressure on employees in relation to such decisions.
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