Accommodating family responsibilities at work

Some parents may be trying to work out how they will manage changes to their usual child care arrangements when they head back to work in 2009.

This is a good time for employers and employees to make sure they are aware of their rights and obligations when it comes to negotiating flexible arrangements to accommodate family responsibilities.

Changes to the Victorian Equal Opportunity Act introduced in September 2008 mean that employers need to seriously consider any request for flexible work arrangements for staff members who have children or people who depend on them for care.

Examples of flexible work arrangements include starting and finishing earlier or later, working part-time, working from home or extending unpaid leave where paid leave has been exhausted.

Circumstances that may be relevant to determining whether a refusal is or is not reasonable include:

• the nature of the employee’s work and family or carer responsibilities;
• the nature and cost of the arrangements required for an employee to fulfil their family or carer responsibilities;
• the financial circumstances of the employer;
• the size and nature of the workplace and the employer’s business;
•  the effect of the flexible work arrangements on the workplace, including the financial impact on the business;
• the consequences for the employer of having the flexible work arrangements; and
• the consequences for the employee of not having the flexible work arrangements.

An employee who believes that their employer has unreasonably refused a request for flexibility because of their parental responsibilities can make a complaint of discrimination to the Victorian Equal Opportunity &Human Rights Commission.

The Federal Government is planning to introduce similar laws from 2010.

For Employers:

You are not obliged to agree automatically to every request. However, each request must be seriously considered. Consider each request individually as they will all have different circumstances.

If the original request cannot be accommodated try to think of other options. For example work from home may not be possible, but changing start and finish times may be. It is a good idea to consult with other employees who may be affected by the proposal.

Once you have reached agreement, (including agreement on the duration of the new arrangements and if applicable, a date for review), it is advisable to put the agreement in writing.

A scenario for employers considering a request for flexible work

Victor is unable to find childcare on Thursday afternoons. He asks his employer if he can work Thursday mornings in the office, look after his child at home in the afternoons, and then complete his work once his child has gone to bed.

When responding to this request his employer considers:

· Can Victor’s work be conducted from home?

· If Victor can work from home, will other employees’ work be directly affected?

· Will any of Victor’s customers or clients be affected?

· How much will it cost the organisation to enable Victor to work from home?

· Will there be a need for additional equipment such as a laptop?

· Can the organisation afford this?

· Are there other alternatives if it is not possible to let Victor work from home? For example, Victor might work an additional hour four days a week so that on Thursdays he can take the afternoon off as time in lieu.

· Are there any other relevant considerations such as occupational health and safety issues?

Further information

More information about rights and obligations around requesting flexibility are set out in Family Responsibilities: Guidelines for Employers and Employees published by Industrial Relations Victoria (now Workforce Victoria) and the Victorian Equal Opportunity & Human Rights Commission.

More information about rights and obligations around pregnancy and maternity leave are set out in Pregnancy and work: your rights and obligations – a guide for Employees and Pregnancy and work: your rights and obligations – a guide for Employers to be published in early January 2009 by Workforce Victoria, Job Watch (a community legal centre funded by the Victorian Government) and the Victorian Equal Opportunity & Human Rights Commission.