Balancing work with personal life is an art that many strive to master, and for some, flexible working hours are the secret ingredient. But what happens if your request for flexible hours is turned down by your employer? Is that even legal? Let’s explore the ins and outs of flexible working requests to help you understand your rights and options.
Understanding Flexible Working
First, let’s clarify what we mean by “flexible working.” This refers to any change from the traditional 9-to-5 schedule. It could mean working fewer days, starting earlier, or even working from home. Many people seek flexibility to better manage responsibilities like childcare, education, or health appointments.
Your Right to Request
In many regions, particularly in places like Australia, the UK, and parts of the U.S., employees have a legal right to request flexible working arrangements. It’s important to note that this is a “right to request”—not a guarantee that your request will be granted.
In Australia, under the Fair Work Act, employees who have worked for their employer for at least 12 months can make a flexible working request if they meet certain criteria, such as being a parent or carer, aged 55 or older, experiencing family violence, or another valid personal reason.
Employer’s Obligations
Once you submit a written request, your employer is legally required to consider it and respond in writing, generally within 21 days. They must have a “reasonable business ground” to refuse it. Common reasons might include the inability to accommodate flexible hours due to high demand at certain times, added costs, or negative impacts on customer service or team dynamics.
Real-Life Example
Imagine Jane works at a marketing firm and wants to start her day two hours earlier to attend a class in the evening. She presents a formal written request explaining her reasons and how her proposed schedule won’t impact her ability to meet deadlines or attend necessary meetings.
Jane’s employer is required to assess her request. If the firm decides the scheduling shift would negatively affect team collaboration (say, because Jane’s role requires her to attend late afternoon meetings), then this could be considered a “reasonable business ground” for refusal.
What Happens if Refused?
If your request is declined, don’t panic. The refusal must be based on sound reasoning, and the explanation must be provided in writing. If you believe the refusal isn’t justified, or if your employer hasn’t followed the process correctly, you might be able to contest this decision.
Depending on where you are, you may have recourse through industry tribunals or legal channels. For example, in Australia, you could reach out to the Fair Work Commission for guidance on disputes.
Practical Tips for Making a Request
1. Prepare a Strong Case: Detail why you need flexible hours and how it will not hinder your work performance. Highlight any benefits to the employer, like increased productivity.
2. Be Flexible: Ironically, being open to negotiate or trial a new arrangement might increase your chances of success.
3. Know Your Rights: Familiarize yourself with local laws regarding flexibility requests. If you’re unsure, consulting a legal expert or your company’s HR department could clarify matters.
4. Document Everything: Keep records of all correspondence. If you go to mediation or file a formal complaint, these will be crucial.
Conclusion
Navigating the request for flexible work hours can seem daunting, but knowing your rights and preparing effectively can make the process smoother. Whether or not you receive a “yes,” making the request is a critical step in advocating for the balance and productivity you need. Keep in mind, workplace norms are slowly shifting, with flexibility becoming an attractive option for many employers to retain talent. So, be confident and clear about your needs, and you might find that your employer is more open to discussion than you expect.
