Employees have the right
to request flexible working arrangements under the Employment Relations Act.
Employees can seek to vary
their hours of work, days of work, or their place of work (eg an employee can
request that they be allowed to work from home).
An employee’s request for
flexible working arrangements must be in writing, and must state the following:
- the name of the employee;
- the date of the request;
- the variation sought to their working arrangements;
- whether the variation is to be temporary or permanent;
- the date on which the variation should take effect/end; and
- what changes the employer may need to make if the employee’s request is approved.
A
request may only be refused if it cannot be accommodated, for example if
allowing the employee to work fewer hours would have a detrimental effect on
the employee’s performance or quality of work.
An employee can make
unlimited requests for flexible working arrangements but cannot challenge an
employer’s refusal of a request unless the employer has breached their
obligations under the Act in some way.
An employer must deal with a request as soon as possible, but not
later than 1 month after receiving it, and must notify the employee in writing
if their request has been approved or refused. If the
employer refuses an employee’s request, the employer must state the reasons for
their decision. If an employer does not comply with their obligations they will
be liable to a penalty of up to $2,000.00, which will be payable to the
employee.
If you are unsure of your
obligations then we recommend you get advice before responding to the request
for flexibility. You do not want to give grounds for a personal grievance by a
poorly worded response.
If you think your employer
has unjustifiably refused your request for flexible working arrangements it is
best to get advice from an experienced employment lawyer if you have not been
able to sort it out by talking with your employer.
Mikayla Turner
Employment Lawyer
Wellington
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