Tairāwhiti Community Law Centre
Have you got school holidays sorted? If you have school aged children, you are probably aware that there are approximately 12 weeks during the year when children are not in school. Under the current law fulltime employees are entitled to a minimum of 4 weeks annual leave after 12 months of continual employment. This leaves a period of 8 weeks not covered by minimum annual leave entitlements. So how do parents working fulltime manage? Consider the following: 1. If you have a spouse or partner who also works you may share between you the responsibility to cover all school holidays. 2. Enroll your children in a school holiday programme. This type of service can be costly but you may be eligible for an Out of School Care (OSCAR) Subsidy. To find out more contact Work and Income or click on the link below. 3. If you have a child friendly workplace take your child/ren with you to work. 4. To request flexible work arrangements through your employer. This article provides information on Flexible Work Arrangements (domestic violence leave entitlements not covered). So, what are Flexible Work Arrangements? Employees can ask to change their work arrangements, hours, days or place. Employers are required by law to consider this. All employees can ask at any time to change: • Hours of work (over a day, a week or year) • Days of work • Place of work Flexible work can also be used to change: • How work is done • How starting and ending work are managed • How work is managed in the workplace to help employees and businesses.
Flexible work does not just mean working part-time instead or to full-time or changing the shifts that you work. • • Information for Employees
l
Tairāwhiti Community Law Centre
l
Pipiwharauroa
Page 12
It Helps To Start The Request Early
Employee must apply well in advance Employee must put in their request as soon as it is completed • Employee keeps a copy of the request There may be times in your employment and note when they sent it to their where you might require flexibility in your employer role. This may be for a temporary period or continue indefinitely. Depending on The employer must reply as soon as possible, the arrangement, the change in work but no later than one month from the date arrangements may or may not trigger a of the request. change in your employment contract. Rights and Responsibilities
What Do I Put in The Request?
The clearer the request the better. It is Employees: Have a “right to request” flexible up to the employee to explain the work work arrangements. arrangements they want and how it can be made to work for both the employee and • You can ask to change your work the employer. The more the employee can arrangements – either permanently or for explain about what they want and how they a set time anytime, from your first day of believe it might affect their employer and work other staff, the easier it will be for the • You can ask for any purpose or reason. employer to consider the request. For example, caring for children or older parents, playing sport or working in the The employer will make the decision community whether to grant or not to grant based • You can ask for flexible work arrangements, on business grounds rather than personal but the employer does not have to agree circumstances. with the request if there is a good business If the employee only wants to change for reason for declining. a set period, then they will need to make Employers: Have a “duty to consider” any sure that they say this in their request. Changing work arrangements permanently requests. is a big step. If the employee wants to • You must think carefully about every change back, then they will have to request request and reply in writing as soon as another change in working arrangements. It can be a good idea to have a flexible possible, but no later than one month work arrangements trial to iron out any • You do not have to agree to it if there is a problems before going onto a permanent good business reason not to arrangement. • You can only say “no” for certain reasons, these reasons need to be stated if the Considering a Request application is declined. Employers must consider all requests for Applying for Flexible Work flexible work arrangements in a fair way and in good faith. There are only a few Before applying for flexible work: business-related grounds to say no to a request and employers should not try • Ask your employer for a copy of the to assess whether one person’s need for ‘Flexible Work Toolkit’ which explains flexible working arrangements is greater options and processes and legislative than another’s. requirements. (Available on the MBIE website) It is important that employers acknowledge • Consider all the details and how they will that they have received the request. impact your employer. • Ask your employer for a Flexible Work If an application has information missing the employer must let the employee know Application form/template. what they have missed and ask them to re• You are required to apply for flexible send the request when completed. The work in writing. Complete the Flexible employer should also let them know that Work Application Form in full. An email the employer does not need to reply to their is also acceptable if it contains the same request until the employer has received all details. necessary information. • Your employer has one month to reply (It is most likely they will talk to you first Employers must deal with a request as soon before responding in writing). as possible, but no later than one month after the employer has received it and must respond in writing.