Victorian Repealed Acts

This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 14A

Employer must accommodate employee's responsibilities as parent or carer

14A. Employer must accommodate employee's responsibilities as parent or carer



(1) An employer must not, in relation to the work arrangements of an employee,
unreasonably refuse to accommodate the responsibilities that the employee has
as a parent or carer.

Example An employer may be able to accommodate an employee's responsibilities
as a parent or carer by allowing the employee to work from home on a Wednesday
morning or have a later start time on a Wednesday or, if the employee works on
a part-time basis, by rescheduling a regular staff meeting so that the
employee can attend.

(2) In determining whether an employer unreasonably refuses to accommodate the
responsibilities that an employee has as a parent or carer, all relevant facts
and circumstances must be considered, including-

   (a)  the employee's circumstances, including the nature of his or her
        responsibilities as a parent or carer; and

   (b)  the nature of the employee's role; and

   (c)  the nature of the arrangements required to accommodate those
        responsibilities; and

   (d)  the financial circumstances of the employer; and

   (e)  the size and nature of the workplace and the employer's business; and

   (f)  the effect on the workplace and the employer's business of
        accommodating those responsibilities, including-

   (i)  the financial impact of doing so;

   (ii) the number of persons who would benefit from or be disadvantaged by
        doing so;

   (iii) the impact on efficiency and productivity and, if applicable, on
        customer service of doing so; and

   (g)  the consequences for the employer of making such accommodation; and

   (h)  the consequences for the employee of not making such accommodation.