Introduction
The Employment Relations (Flexible Working Arrangements) Amendment Act has been passed into law. This provides the framework for employees to request flexible working arrangements from their employer to enable them to care for their dependents, from 1 July 2008.
Who can make a request?
An employee can make a request for flexible working arrangements under the legislation if the following two tests are met:
1. The employee must have the care of "any person", AND
2. The employee must have been working for that employer for the immediately preceding 6 month period.
An employee can only make one request every 12 months.
What can a request encompass?
A request for flexible working arrangements may encompass one or more of the following:
- hours of work
- days of work
- place of work
How does an employee make a request?
Any request must be in writing and include and set out:
- Employees name and date request is made
- That it is made under Part 6AA of the Act
- The variation of working arrangements requested (i.e. hours, days and/or place of work)
- Whether the request is for a period of time or permanent
- The date the employee wants the variation to take place from, and if not for a particular period of time, when it is to end
- How the variation will in the emplyees view, enable the employee to take better care of the person they care for
- In the employee's view, what changes, if any, the employer needs to make to accommodate the request
What procedure must the employer follow in dealing with the request?
The employer has a legal duty to consider all requests. They must consider each request objectively and not attempt to judge whether one applicant's need for flexible working arrangements is greater than another's.
The request must be dealt with as soon as possible but no later than 3 months after they receive it.
The employer must notify the employee whether it has been approved or refused, and if refuse, to give reasons for the refusal (see citeria below)
Can an employer decline a request?
A request may be refused if:
- the employee does not satisfy the eligibility criteria; and / or
- the request cannot be accommodated on one or more of the following specified grounds:
a) inability to reorganise work among existing staff
b) inability to recruit additional staff
c) detrimental impact on quality
d) detrimental impact on performabce
e) insifficiency of work during the periods the employee proposes to work
f) planned structural changes
g) burden of additional costs
h) detrimental effect on ability to meet customer demands
A guide for employees and employers has been released by the Department of Labour that provides in-depth detail on the workings of the flexible working arrangements scheme. This document can be found at http://www.dol.govt.nz/worklife/flexible/flexi-work-generic-guidelines.pdf
Should any client require further advice on this issue please contact us on info@taurusnz.co.nz or Dick Knapp at our office.
