Letter Of Intent To Return Template for Australia

A letter of intent to return is usually a formal notice rather than a standalone contract, so it does not by itself create new employment terms. It does, however, carry real legal weight because written notice is how you exercise entitlements under the National Employment Standards in the Fair Work Act 2009 (Cth), and your existing employment contract continues to apply throughout the leave. If the letter proposes changed hours or duties, those changes only become binding once the employer confirms agreement in writing.

Include your full name, position title, team or department, the type of leave taken and its start and end dates, and the exact date you intend to resume work. State whether you are returning to your pre-leave role on the same hours, or whether you are requesting a change such as reduced hours or a phased return. Attach any supporting documents, such as a medical clearance or certificate of capacity, and sign and date the letter so there is a clear record of when notice was given.

For unpaid parental leave, the Fair Work Act 2009 (Cth) requires at least four weeks' written notice before the end of the leave period if you want to extend it, and your employer must give you at least four weeks' notice before your return of any decision that your pre-leave position no longer exists. Returning earlier than your notified end date generally needs the employer's agreement rather than notice alone. Your employment contract, enterprise agreement or workplace policy may set a longer notice period, so check those before you send the letter.

Under the return to work guarantee in section 84 of the Fair Work Act 2009 (Cth), an employee returning from unpaid parental leave is entitled to their pre-leave position, or if that position no longer exists, an available position they are qualified and suited for that is nearest in status and pay. If your employer says the role has gone, they must have genuinely consulted you about the change. Refusing a return because you took leave or made a flexible work request can amount to adverse action under the general protections in Part 3-1 of the Fair Work Act, which the Fair Work Commission can hear.

Yes, but do it in writing so the record stays clear, because your employer may already be rostering staff or ending a temporary replacement's engagement around your stated date. Pushing your return date back generally requires fresh written notice within the statutory notice window, while coming back earlier than notified normally requires the employer to agree. Ask for written confirmation of any revised date rather than relying on a phone call or a verbal nod from your manager.

If you are returning from personal or carer's leave, your employer can ask for reasonable evidence of your fitness to resume duties, and the letter is the natural place to attach it. Where the absence relates to a workplace injury, state workers compensation schemes require a certificate of capacity and a documented return to work plan, for example under the Workers Compensation Act 1987 (NSW), the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or the Return to Work Act 2014 (SA). Keep the medical detail in the letter to what is needed to confirm capacity, since health information is sensitive information under the Privacy Act 1988 (Cth).

Yes. Section 65 of the Fair Work Act 2009 (Cth) gives eligible employees, including parents of school age or younger children and carers, the right to request flexible working arrangements in writing, setting out the change wanted and the reasons for it. The employer must discuss the request with you and respond in writing within 21 days, and can only refuse on reasonable business grounds after genuinely trying to reach agreement. Set the request out clearly in the letter, because a vague mention of wanting fewer hours may not be treated as a formal section 65 request and will not start the 21 day clock.