s75-76C: ss 75 to 76C Extensions of unpaid parental leave: accept the first notice, respond to requests within 21 days
An employee on unpaid parental leave for less than the available period may extend once by written notice at least 4 weeks before the original end date, and further by agreement (s 75). An employee who uses the full available period may request, at least 4 weeks before it ends, a further period of up to 12 months (not beyond 24 months after birth or placement) (s 76). The employer gives a written response within 21 days, granting it, setting out an agreed different period, or refusing it only after discussion, a genuine attempt to agree, regard to the consequences for the employee and on reasonable business grounds, with reasons, the particular grounds, any period it would agree to and the dispute rights (s 76A). Disputes go first to workplace discussion then to the FWC, whose orders must be complied with (ss 76B, 76C).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s75-76C. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Register of extension notices and requests with receipt dates and written responses within 21 days; Refusal letters with specific business grounds and alternative periods offered; Records of discussion before refusal
What usually goes missing
Extension requests refused verbally; First extension notice treated as needing approval; Responses late or missing the dispute rights explanation
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.