“I have an employee returning from maternity leave and she wants fewer hours, but what she has requested does not work in our business. What should I do?”
An employee returning from parental leave should put their request to you in writing 10 weeks before their expected return date outlining what flexible working arrangement they are requesting. This could include hours of work, patterns of work, and locations of work.
As a parent or someone with the responsibility of a child who is school-aged or younger, an employee has the right to request a flexible working arrangement, provided they have worked for your practice for at least 12 months.
Before responding to a flexible working arrangement best practice is to discuss the request with the employee and genuinely try to reach an agreement on a change in working arrangements that will reasonably accommodate circumstances. As an employer, you must take into account “reasonable business grounds” when making your decision. If you are unable to accommodate the request, you must provide the following in writing to your employee:
- An explanation of the reasonable business grounds for refusing the request and how these grounds apply to the request
- Other changes you may be willing to make that would accommodate the employee’s circumstances
- Information about referring a dispute to the Fair Work Commission
Your response must be provided to the employee within 21 days and must be in writing.
The Fair Work Commission will be able to hear and make orders about disputes about flexible working arrangements if the parties can’t resolve the dispute at the workplace level. This would include refusing an employee’s request without due consideration as outlined above, or if you do not respond to your employee within 21 days in writing.
Key Takeaways for Practice Managers
Ask yourself – Do I have the following up-to-date policies in line with recent legislative changes so that I as an employer understand my obligations and my employees are clear on their rights?
- Parental Leave Policy
- Flexible Working Arrangement Policy