Asking for flexible working arrangements

Your rights

You have the right to request flexible working arrangements.

You can ask to change your working arrangements:

• anytime from your first day of work
• permanently or for a set time
• for any purpose or reason — for example, caring for children or older parents, playing sport or working in the community.

Your employer must consider your request in , but they do not have to approve it if there is a good business reason for declining.

How to ask for flexible working arrangements

It’s a good idea to talk to your employer before you officially make a request.

When you make your request, it must be in writing and include:

• your name and the date
• that you are making your request under Part 6AA of the Employment Relations Act 2000
• what you want to change about your normal working arrangements and how long you want these changes to last. If you are asking for a permanent change, it can be a good idea to have a trial period first to iron out any problems
• when you want these changes to start and finish
• an explanation of how the working arrangement you want could be made to work for both you and your employer
• what changes your employer may need to make to their current business arrangements if they agree to your request — for example, possible changes to the way the team works together or to the physical set up of the workplace.

You should keep a copy of the request and keep a note of when you sent it to your employer.

Your employer must reply to you as soon as possible, but no later than 1 month after you make the request. This gives them time to work out what the change might mean for their business.

If you are making a short-term request due to effects of family violence, there is more information your employer will need, for example, details of how the changes will help you.

Taking family violence leave

If your employer says no to your request

If you are not happy with your employer's decision, try to resolve the problem with them — maybe there's an alternative arrangement that could meet everyone's needs.

A formal complaint can only be made if your employer did not properly follow the process for notifying you of their decision. You cannot make a complaint because your employer declined your request or because you disagree with the reasons they gave.

Your employer must:

• consider your request fairly, in good faith
• reply in writing as soon as possible — no later than 1 month after the request is received (this can be extended if you both agree to a trial period after you make the request)
• only say 'no' for certain reasons — these reasons need to be stated in the response if the employer says no.

Recognised business grounds for declining a request

• Your employer cannot reorganise work among existing staff.
• Your employer cannot recruit additional staff.
• Quality and performance would be negatively impacted.
• There is not enough work during the periods you propose to work.
• Structural changes are planned.
• Additional costs would be a burden.
• The ability to meet customer demand would be negatively impacted.

If you think your employer did not properly notify you of their decision, you can contact us for help.

How to resolve problems

Contact us