How can I request a flexible working arrangement?
Under part 6AA of the Employment Relations Act 2000, any employee can request a flexible working arrangement, with “working arrangements” meaning hours of work, days of work, and/or the place of work.
Before the Employment Relations Amendment Act 2014, only those who had worked for their employer for at least six months and who had the care of any person could request a flexible working arrangement. This requirement has since been removed.
To apply for a flexible working arrangement, you must submit a request to your employer in writing. The request must:
- State your name, the date on which the request is made, and that the request is made under part 6AA of the Employment Relations Act 2000;
- Specify the variation of the working arrangements requested and whether the variation is permanent or for a specified period of time;
- Specify the date on which you propose that the variation take effect and, if the variation is only for a period of time, the date on which the variation is to end; and
- Give a brief explanation from your point of view of what changes, if any, your employer may need to make to the employer’s arrangements if your request is approved.
Your employer must “deal” with the request as soon as possible – but not later than one month after receiving it. If they refuse the request, they must provide and explain their reasons for doing so.
What happens if your employer denies your request?
If you believe that your employer has not complied with their duties under section 69AAE of the Employment Relations Act 2000, you can dispute the decision.
If this is the case, the decision must first be referred to a labour inspector who will assist you and your employers in reaching a resolution. You and your employer may also attend mediation to resolve the issue or become subject to an application to the Authority (but only within 12 months of the notification of refusal or date of request).
Practical guidance for employers
As an employer, it is important that you respond to the request as soon as possible. Your response must be in writing and with a full explanation. The Employment Relations Authority can impose a penalty of up to $2000 if you fail to deal with the request promptly, fail to notify the employee that the request has been approved or refused, or fail to give an explanation for a refusal.
You can refuse a request made if it cannot be accommodated on one or more of the following grounds:
- Inability to reorganise work among existing staff;
- Inability to recruit additional staff;
- Detrimental impact on quality;
- Detrimental impact on performance;
- Insufficiency of work during the periods the employee proposes to work;
- Planned structural changes;
- Burden of additional costs;
- Detrimental effect on the ability to meet customer demand.
If your employee’s request is inconsistent with their signed collective agreement, you must refuse the request.
The Authority places a significant obligation on employers to genuinely consider requests for flexible working arrangements. This obligation encourages open communication and a good-faith approach to negotiating working arrangements. You are therefore expected to explore practical solutions and engage in constructive discussions with your employee.
Employers should be careful to comply with these procedural requirements. If a step is missed or rushed, the employee could claim that they have been disadvantaged.
The first step in getting support is to talk with a lawyer from Frontline Law about your situation and see what options we can offer you. Contact Frontline Law for a free initial consultation.
*The information in this blog post is general in nature and is not legal advice. If you need advice, you should contact us about your specific situation.
