Flexible working arrangments | GovHub Resource Centre

Part 6AA of the Employment Relations Act 2000open_in_new formalises a way for employees with changing circumstances to request flexible work (such as reduced hours or different tasks).

Flexible working arrangements aim to improve people's participation in the labour market and better reflect modern lifestyles.

They can also work as a method of employee retention.

We strongly advise you to give genuine consideration to a request for a Flexible Working Arrangement (FWA), where possible, under the school's obligation as a good employer.

Because there is now a statutory right to request flexible work, employers need to be able to respond to requests.

How can an employee request a flexible working arrangement?

An employee can request a flexible working arrangement at any time.

There is no limitation on how often an employee can make such a request.

The employee must make their request in good faith and include a genuine reason for their request in their application.

A request must be in writing.

Employees can download and use our FWA - Employee request formopen_in_new to make their requests.

At a minimum, the employee's request needs to include:

Their name.
The date on which the request is made.
That they are requesting a flexible working arrangement.
What aspect of their working arrangements propose to be changed/varied (with sufficient details).
Whether they wish the change to be permanent or for a defined period (the default position is permanent).
When the proposed requested arrangement would take effect from and, if a temporary arrangement when they propose it would end.
In their view (if any), what needs to be changed by the employer to accommodate their request?

What to do when an application is received?

By law, you must consider written requests made under the Act in good faith and respond to them as soon as possible (with a maximum limit of no later than one month from receiving the request).

You can download and use our FWA - Confirming receipt of requestopen_in_new template to confirm you have received their request.

Consideration of the request needs to be genuine.

If the arrangement is feasible, advise the employee you accept the arrangement in writing.

You can download and use our templates to confirm your acceptance of the request.

If the arrangement is not operationally feasible, work with the employee in good faith to see if another iteration of their request could work.

If this proves successful, confirm it in writing. You can download and use our templates to confirm your acceptance of the alteration:

If the arrangement is temporary, you should also discuss the arrangement with the employee closer to its set end date to see whether a new arrangement will be requested or if the employee will return to their original working arrangement.

Covering the arrangement

Where the arrangement is temporary, surplus hours that need to be covered can be covered by using a fixed-term employment agreement specific to covering the flexible working arrangement.

If the arrangement is a permanent change, the employer can reallocate the hours amongst existing staff or advertise a new permanent vacancy.

Can a request be declined?

Flexible working arrangements cannot be declined unless one of the valid reasons in section 69AAF of the Employment Relations Act 2000open_in_new is present.

This means an employer should accommodate the request unless there is/or will be:

Inability to reorganise work among existing staff
Inability to recruit additional staff
Detrimental impact on quality
Detrimental impact on performance
Insufficiency of work during the periods the employee proposes to work
Planned structural changes
The burden of additional costs
Detrimental effect on the ability to meet customer demand.

The school can only decline an application if it is satisfied one of the grounds above are met. The school needs to be able to justify any decision it makes.

Note that, regardless of above, an employer must refuse a request if:

The request is from an employee who is bound by a collective agreement; and
The request relates to working arrangements to which the collective agreement applies; and
The employee's working arrangements would be inconsistent with the collective agreement if the employer were to approve the request.

The school needs to be able to justify any decision it makes.

How to decline a request?

Work with the employee in good faith to see if another iteration of their request could work.
If this proves successful, confirm it in writing.
If not, and it is still not possible to accommodate for one of the reasons in section 69AAF of the Employment Relations Act 2000open_in_new, the employer must:

Answer the employee's request in writing,
Cite which of the 69AAFopen_in_new grounds are being relied upon, and
An explanation as to why the request is being declined.

This must take place within one month of receiving the request.
You can download and use our FWA - Decline request templateopen_in_new to do this.open_in_new

What if an arrangement is no longer working?

Generally speaking, once an arrangement is in place, it cannot be cancelled (or cancelled until the previously agreed end date).
However, employers may approach employees in good faith to see if they are interested in making changes.
Any changes need to be mutually agreed upon, and employees do not have an obligation to accept further changes beyond what has already been agreed upon.

If a mutual agreement is reached and the arrangement is permanent, the change can be made by varying their employment agreement in writing.

If it is temporary, a new arrangement can be put in place to end on the same day as the previous one (or a new date can be chosen).

This new agreement should also be documented, signed by both parties and a copy held on the employee's personnel file.

If you have issues with a flexible working arrangement, please contact our Advisory and Support Centre for further advice.
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Questions a principal could ask

What do we need from an employee making a request for a flexible working arrangement?
How can the school cover a flexible working arrangement?
What are the grounds on which a flexible working arrangement can be declined?

Templates, resources, and references

Click on the link(s) below to access the templates, resources, and references related to this topic.

These may download or open in a separate browser depending on your device.

Links from us

Employment New Zealand

Flexible Work