Part-time work after maternity leave: your rights

Important disclaimer

This article provides general information only and is not legal advice. Every situation is different, and your rights depend on your specific circumstances. For advice about your situation, contact the Fair Work Ombudsman or seek legal advice.

You're planning to return to work after maternity leave, but full-time hours feel impossible with a new baby. You want to request part-time work, but you're worried: can your employer just say no? The answer is yes - but only if they have good reasons, and they must follow a proper process.

This guide explains when employers can and cannot refuse part-time work requests, what counts as "reasonable business grounds," the legal process you must follow, and what to do if your request is denied. Whether you're returning from maternity leave or need reduced hours for childcare, understanding your rights helps you navigate this conversation with confidence.

The short answer: yes, but with conditions

Yes, your employer can refuse your request to work part-time. However, they can only do so on reasonable business grounds, and they must follow a proper legal process. This is not a free pass to say no without justification.

What this means in practice

You have the right to request part-time work under Section 65 of the Fair Work Act if you're a parent of a child under school age (or under 18 with a disability)
Your employer must genuinely consider your request - they cannot dismiss it out of hand or refuse based on personal preference
They must respond in writing within 21 days explaining either approval or the reasonable business grounds for refusal
If refused unreasonably, you can dispute it with the Fair Work Commission or make a discrimination complaint

While you don't have an automatic right to part-time work, the law gives you a formal mechanism to request it - and your employer has legal obligations in how they respond. This is not a casual conversation; it's a protected workplace right.

Your right to request flexible work arrangements

Under the National Employment Standards (NES), specifically Section 65 of the Fair Work Act 2009, certain employees have a legal right to request flexible working arrangements, including part-time hours.

Who can make a flexible work request?

You can request flexible work if you have worked for your employer for at least 12 months and:

You are the parent, or have responsibility for the care, of a child who is under school age (typically under 5-6)
You are the parent, or have responsibility for the care, of a child under 18 with a disability
You are a carer (as defined by the Carer Recognition Act 2010)
You have a disability
You are 55 or older
You are experiencing family or domestic violence
You provide care or support to a family member or household member experiencing family or domestic violence

For parents returning from maternity leave, the most relevant category is having responsibility for a child under school age. This means if you have a baby or young child, you have a legal right to formally request part-time hours (or other flexible arrangements). Employers can manage part-time schedules efficiently using rostering software that accommodates flexible working patterns.

Learn more about flexible work requests in our comprehensive guide on flexible working arrangements and what employers can't refuse.

Parent discussing part-time work arrangements with employer

When employers can refuse part-time work requests

Your employer can refuse your part-time request if they have reasonable business grounds. According to the Fair Work Act, reasonable business grounds include:

Cost to the business

The requested arrangement would be too expensive for the business to accommodate. For example, hiring additional staff to cover reduced hours would impose unreasonable costs that the business cannot afford.

Impracticality of changing work arrangements

The nature of the role or workplace makes the requested arrangement genuinely impractical. For example, a sole operator position that requires full-time coverage may not be divisible into part-time.

Inability to reorganize work among existing staff

The employer has genuinely tried but cannot redistribute your full-time duties among other employees without significantly impacting their workload or creating operational problems.

Inability to recruit additional staff

The employer has made reasonable efforts to recruit someone to fill the gap created by reducing your hours but has been unable to find suitable candidates.

Significant impact on efficiency, productivity, or customer service

The requested arrangement would cause significant negative impacts to business operations, workflow efficiency, or the ability to serve customers. This must be demonstrated, not just assumed.

Insufficient work available during proposed hours

The hours you're requesting don't align with when work is actually available. For example, requesting Monday-Wednesday work when the business operates Thursday-Sunday only.

Planned structural changes

The employer has planned and documented structural changes to the business (such as downsizing or restructuring) that would be inconsistent with approving your request.

Important: evidence is required

Your employer cannot simply claim one of these grounds - they must demonstrate that the ground applies to your specific situation. They should provide evidence, such as financial data, recruitment records, or operational analysis showing why your request cannot be accommodated.

When employers cannot refuse part-time work requests

Your employer cannot refuse your part-time request based on:

Personal preference or convenience

"I prefer full-time staff" or "It's easier for me to manage full-time employees" are not reasonable business grounds.

Blanket policies

"We don't do part-time in this role" or "Company policy is full-time only" without genuine business reasons is not lawful.

Assumptions about your commitment

Refusing because they assume part-time workers are less committed or won't progress in their careers is discriminatory.

Discrimination based on gender or family responsibilities

Refusing because "mothers should work full-time or not at all" or similar comments is illegal discrimination under anti-discrimination laws.

Minor inconvenience

Small inconveniences that don't significantly impact business operations are not sufficient grounds for refusal. Your employer must demonstrate substantial impact.

Refusal without genuine consideration

Your employer must actually consider your request and explore options. Simply saying "no" without discussing alternatives or assessing feasibility is not lawful.

If you believe your employer has refused your request for discriminatory reasons, read our guide on pregnancy and parental discrimination examples.

The legal process for requesting part-time work

To ensure your request has the best chance of success and is legally protected, follow this process:

Put your request in writing

Your flexible work request must be in writing (email is acceptable). Include:

The specific changes you're requesting (e.g., "reduce to 3 days per week, Monday to Wednesday")
Your proposed schedule and hours (e.g., "24 hours per week, 8am-4pm on working days")
The reason for your request (e.g., "I am the parent of a child under school age and need to manage childcare")
When you want the arrangement to start (e.g., "from my return to work on 15 March 2026")

Give reasonable notice

Make your request well in advance - ideally at least 4 weeks before your intended return to work. This gives your employer time to properly consider the request and plan any necessary adjustments.

Your employer must respond within 21 days

Your employer has 21 days from receiving your written request to respond in writing. They must either approve the request or refuse it on reasonable business grounds and explain those grounds.

Discuss and negotiate

Your employer should discuss the request with you, consider alternatives, and genuinely explore whether it can be accommodated. This might involve negotiating different days, hours, or a trial period.

Get the outcome in writing

Whether approved or refused, get the decision and details in writing. If approved, ensure your new hours, days, rate of pay (adjusted pro-rata), and conditions are documented. If refused, the written reasons are crucial if you decide to dispute.

What to do if your part-time request is refused

If your employer refuses your request for part-time hours, you have several options:

Step 1: Review the written reasons

Carefully read your employer's written refusal. Assess whether the reasons given are genuinely "reasonable business grounds" or whether they seem arbitrary, discriminatory, or based on convenience. Are they backed by evidence?

Step 2: Try to negotiate

Request a meeting to discuss alternatives. Could you work different days that better suit business needs? Would a trial period help? Could you agree to flexibility around busy periods? Many refusals can be resolved through compromise.

Step 3: Lodge a dispute with Fair Work Commission

If you believe the refusal is not based on reasonable business grounds, you can lodge a dispute with the Fair Work Commission within 21 days. The FWC can:

Help mediate between you and your employer
Assess whether the refusal reasons are reasonable
Make recommendations

Note: The FWC cannot force your employer to approve your request, but can determine if the refusal was unlawful.

Step 4: Consider a discrimination complaint

If you believe the refusal is discriminatory (based on your gender, parental status, or family responsibilities), you can make a complaint to the Australian Human Rights Commission. Discrimination complaints have a 24-month timeframe.

Step 5: Seek advice and support

Contact the Fair Work Ombudsman on 13 13 94 for free advice. Speak to a union representative if you're a member. Consider consulting an employment lawyer if the situation is complex or you're facing potential discrimination.

Time limits are strict

You have only 21 days from the refusal to lodge a flexible work dispute with the Fair Work Commission. Don't delay - seek advice and act quickly if you want to challenge the refusal.

Professional working flexibly with laptop showing flexible work arrangements

How to strengthen your part-time work request

While you can't guarantee approval, you can increase your chances by making a well-prepared, business-focused request:

Be specific and detailed

Don't just ask for "part-time work." Specify exactly which days, what hours, how many hours per week, and when you want it to start. The more specific you are, the easier it is for your employer to assess feasibility.

Address potential concerns proactively

Anticipate objections and address them in your request. For example: "I understand there are client meetings on Thursdays, so I've requested Thursday as one of my working days to ensure I can attend."

Suggest solutions

Propose how your work could be covered or redistributed. For example: "My administrative tasks could be handled by the existing support team on my non-working days" shows you've thought about business impacts.

Offer flexibility

Show willingness to be flexible around the edges. For example: "I'm open to discussing alternative days if the proposed schedule doesn't work" or "I'm happy to work additional hours during peak periods if needed."

Propose a trial period

Suggest a 3-6 month trial period with a review. This reduces risk for your employer and shows you're willing to assess whether the arrangement works for both parties.

Highlight benefits to the business

Emphasize how approving your request benefits the employer: retaining an experienced employee, avoiding recruitment costs, maintaining continuity, supporting employee wellbeing and loyalty.

Alternative flexible work options

If your employer cannot accommodate traditional part-time hours (e.g., 3 days per week), consider requesting alternative flexible arrangements that might address both your needs and their concerns:

Compressed work week

Work full-time hours but compressed into fewer days (e.g., 4 longer days instead of 5 standard days).

Different start/finish times

Work full-time but start earlier or finish earlier to accommodate childcare drop-off and pick-up.

Hybrid/remote work

Work some days from home to reduce commute time and increase flexibility with childcare.

Job sharing

Share your full-time role with another employee, each working part-time hours.

Gradual return

Return part-time initially (e.g., 3 days) and gradually increase hours over 3-6 months back to full-time.

Flexible hours with core times

Work full-time hours but with flexibility in when you start and finish, as long as you're available during core business hours.

Learn more about returning to work after maternity leave in our guide on your rights when returning to work after maternity leave.

Key takeaways

Your employer can refuse your part-time request, but only on reasonable business grounds and after genuine consideration
You have a legal right to request flexible work if you're a parent of a child under school age (or under 18 with a disability)
Your employer must respond in writing within 21 days explaining their decision
Blanket policies like "we don't do part-time," personal preference, or assumptions about commitment are not reasonable grounds for refusal
If refused, you can negotiate, lodge a dispute with Fair Work Commission (within 21 days), or make a discrimination complaint
Strengthen your request by being specific, addressing concerns proactively, suggesting solutions, and showing flexibility

Requesting part-time hours after having a baby is a protected workplace right in Australia. While your employer can refuse on reasonable business grounds, they must follow proper process and genuinely consider your request. If you're facing an unreasonable refusal or discrimination, contact Fair Work Ombudsman on 13 13 94 or seek legal advice.

Related resources

Frequently asked questions

Can my employer refuse my request to work part-time after maternity leave?

Yes, your employer can refuse your part-time work request, but only on reasonable business grounds. They must genuinely consider your request and respond in writing within 21 days explaining their reasons. Reasonable grounds include cost, impracticality, inability to reorganize work, or significant impact on efficiency. Simply saying "we don't do part-time" or refusing without genuine consideration is not reasonable.

What are reasonable business grounds for refusing part-time work?

Reasonable business grounds include: too costly for the business to accommodate, impractical to change work arrangements, would significantly impact efficiency or productivity, cannot reorganize work among existing staff, cannot recruit additional staff to cover gaps, or would significantly harm customer service. Your employer must explain these reasons in writing with evidence.

Do I have the right to request part-time hours after having a baby?

Yes. Under Section 65 of the Fair Work Act, you have the right to request flexible working arrangements (including part-time hours) if you are a parent or have responsibility for a child under school age (or under 18 with a disability). This is a legal right, though not a guarantee - your employer must consider the request but can refuse on reasonable business grounds.

What should I do if my employer refuses my part-time request?

First, review their written reasons to assess if they are genuinely reasonable. Try to negotiate alternative arrangements that address their concerns. If you believe the refusal is unreasonable or discriminatory, you can lodge a dispute with the Fair Work Commission within 21 days or make a discrimination complaint to the Australian Human Rights Commission. Seek advice from Fair Work Ombudsman (13 13 94) or a lawyer.

Can I take legal action if my part-time request is refused?

You can lodge a dispute with the Fair Work Commission if you believe the refusal was not on reasonable business grounds. The FWC can order mediation but cannot force your employer to approve the request. If you believe the refusal is discriminatory (based on gender, parental status, or family responsibilities), you can also make a discrimination complaint to the Australian Human Rights Commission.

How do I make a formal part-time work request?

Put your request in writing (email is fine). Include: the changes you want (e.g., 3 days per week, Monday-Wednesday), your proposed hours and schedule, the reason for the request (e.g., caring for a young child), and when you want the arrangement to start. Your employer must respond in writing within 21 days.