Negotiating flexibility after parental leave
A useful return-to-work request sets out the hours you need, how the work will be covered and when you will review the arrangement. Start with these practical points before discussing the proposal with your firm.
The request is the easy part. What you ask for is what decides how the next two years go.
When should I start the conversation?
Before you go, and again about six to eight weeks before you return.
The pre-leave conversation does a smaller job. It sets the expectation that you are coming back and that the arrangement will be discussed properly, so the return conversation lands as a continuation instead of a surprise.
The formal written request should land far enough before your return date that the 21-day response period plus a round of discussion still leaves time to plan. Six to eight weeks is comfortable. This is practical planning advice, not a statutory notice period. Shorter notice does not remove the employer’s obligation to respond to an eligible request in writing within 21 days.
What should I actually ask for?
Cover these four points in your proposal.
- Agree on your working pattern.Specify the days, hours and location you need, so you and the firm can plan the week.
- Agree on work allocation.Ask who will allocate your matters and how your workload and progression will be assessed.
- Plan for urgent work.Propose cover for non-working days and agree on an escalation process that the team can sustain.
- Set a review date.Agree when you will review the arrangement and what you will measure, rather than leaving success undefined.
Ask for the arrangement you actually need, not the one you think will be approved. A request that is already pre-compromised leaves you negotiating down from a position you did not want in the first place.
How do I answer the objections a firm will raise?
Court and client availability
Court and client availability. Address it directly: which listings you can cover, how far ahead you need notice, what happens on a non-working day. Most contested arrangements fail on the assumption that “not in the office” means “not reachable”, which is not what you are proposing.
Supervision of junior lawyers
Supervision of junior lawyers. Name the days you will be present for supervision, and how juniors reach you otherwise. A firm that supervises exclusively by physical proximity has a supervision problem, but that is not an argument to run in your own negotiation.
Fairness to the team
Workload across the team. Discuss how the proposed arrangement would affect coverage and allocation. Whether a refusal is lawful depends on the actual grounds, the circumstances and the required process.
Precedent
Consistency across the firm. Ask who will decide the request and how your individual circumstances will be considered. A general concern about precedent does not replace considering the particular request.
What if the answer is no?
For a valid request under section 65, the employer must respond in writing within 21 days. A refusal must meet the statutory process and explain the grounds, alternatives and dispute options. Different arrangements may apply outside the national system.
If a qualifying dispute cannot be resolved at workplace level, the Fair Work Commission may be able to help. You can also consider further negotiation or a different working arrangement. Get advice promptly if you are considering a legal claim, as time limits can apply.
If clients ask for you, you have more portable value than the negotiation is giving you credit for. If the work comes down the corridor, staying and fixing the allocation rule matters more than winning the days.
Helena did not negotiate a return. She started her own practice with a three month old, and built it from a CBD office with reception, filing and IT already in place. It will not suit everyone, and more lawyers take it than the profession lets on.
General information only, not legal or employment advice. Check your own instrument and current entitlements.
“I decided to open my own firm. She was three months old, and I went out on my own. Nothing to lose, only gain.”
Helena Mrmos, Principal Lawyer, Mozaik Lawyers, Brisbane
If the answer does not come, you have options.
Book a tour and see how other lawyers built the week they wanted.
Jurisdiction and legal sources
This page provides general information, not legal advice. It does not consider your circumstances. Check the current law and obtain advice from a qualified professional before making decisions about your rights or practice.
The Fair Work Act request process applies to eligible national-system employees. Coverage depends on the employer and employment relationship, not simply the state where you work. Some public-sector employees and some Western Australian businesses operate under state systems. Awards, agreements and state laws may provide additional rights.
National employment rules
Discrimination protections can also apply, depending on the facts. These are relevant federal and NSW, Victorian and Queensland sources, not a complete list for every state or territory.
Discrimination legislation
Sources checked 11 September 2026. Laws, regulator requirements and commercial terms can change. The links above are selected sources for this page, not an exhaustive compliance checklist.