Flexible Working Arrangements – Can I ask for One?
With the trickling end of the lockdowns and restrictions in New South Wales, and the return to the office for many, there are some who may have enjoyed the ability to work from home and work flexible hours to meet your life needs or wants.
Author: Clarissa Sempel
26 October 2021
For others changes in life circumstances often see pressure on existing employment arrangements, in particular for parents, carers and people who may be suffering psychologically or physically.
With that, you may be asking, can I ask for a flexible working arrangement?
A flexible working arrangement can be put in place for employees and includes changes to work hours, patterns, or locations. If you are covered by an award, you may have additional rights in relation to requesting a flexible working arrangement.
Requests for flexible working arrangements form part of the National Employment Standards which apply to all employees covered by the national workplace relations system regardless of any award or employment contract.
The first question here is who can ask for a flexible working arrangement. An employee may request a change if they require flexibility because they:
- are a parent with responsibilities for care of a child who is in school or younger;
- are a carer;
- have a disability;
- are 55 or older;
- are impacted by (or providing care or support to immediate family member who is impacted) family violence.
Employees must have been employed for at least 12 months of “continuous services” before making a request.
If you wish to seek advice about whether or not your employees are entitled to make a request for flexible working arrangements, or if you have made a request for flexible working arrangement and this has been denied, the team at Access Law Group would be able to assist you in providing advice on whether you can make a request or whether a refusal can be challenged.
Contact the team at Access Law Group on 02 4220 7200 or by email at lawyers@alg.com.au for a free initial 30-minute consultation about your ability to obtain a flexible working arrangement.
