Some employees have the right to request additional unpaid parental leave or flexible work arrangements for a range of reasons, including caring responsibilities, pregnancy, family and domestic violence, or disability.
An employer can only refuse if they have reasonable business grounds.
On this page:
The National Employment Standards (NES) give some employees the right to request flexible working arrangements in certain circumstances.
Flexible working arrangements may mean changes to:
An employee (other than a casual) can make a request for flexible working arrangements if they have worked for their employer for 12 months and they:
Casual employees can make a request for flexible working arrangements if they meet any of the above criteria (for example they have a disability, are a carer, etc) and:
The Fair Work Ombudsman has free templates and sample letters to help employees prepare a written request.
The National Employment Standards (NES) give some employees:
All employees in the national workplace relations system are covered by the NES.
An employer must not take adverse action against an employee because they have made the request. For example, an employer cannot dismiss the employee or change their role for the worse because they made the request.
An employer must respond to a request:
If refusing the request, they must include their reasons for refusing in the written response.
An employer and employee can agree to an arrangement that is different to what the employee initially requested.
An employer can only refuse a request if they have:
Reasonable business grounds for refusing the request may include:
The size and nature of the employer’s business can also be a consideration.