- July 9, 2024
- Posted by: legaleseblogger
- Category: Related News
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A Situational Dilemma: Flexibility in Working Arrangements
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****** just grabbed a
I hope your wife hasn’t been on paternity leave. That might make it awkward in bed
/j
It’s maternity leave when it’s a woman. However generally it’s referred to as parental leave
You have the right to request.
They have the right to refuse flexible arrangements if it doesn’t suit their operational requirements. Expecting them to accommodate hours that are their busiest is a bit naive.
They don’t have to agree to arrangements that work for you. Only what was previously in place.
Length of employment realistically means nothing
> Employees returning from parental leave will normally return to the same job they were in before taking leave. This means that if no changes are made, they would return to the same hours of work, location and duties.
> Employers can only refuse an employee’s request for flexible working arrangements on reasonable business grounds.
Its reasonable to deny the changes
> Employers must also consider the consequences of refusing the request and discuss with the employee to genuinely try to reach an agreement on alternative arrangements.
They’ve done this. They’ve provided an option.
You can make a complaint, but the pub test on your expectations vs the industry doesn’t pass.
>They responded advising that they cannot maintain her current pay rate
They’re definitely right about that. Her pay would be defined by an industry award. Since they don’t know what position she will be doing, they don’t know what the pay will be.
They also probably can’t confirm hours for the same reason.
> more confrontational and feel that the employer has an obligation to consider requests for flexible working arrangements that do not come at a cost to the business
There is no such thing as “do not come at a cost to the business”. Staff is really expensive and in her industry it’s their primary expense. They don’t have to provide flexible arrangements and by being confrontational you are probably making them seriously consider just telling your wife that if she can’t work full time as she was before maternity leave, then her contract is over and she can find a new job.
Finding a new job could be extremely difficult. I don’t think you have any idea how hard it is for a young mother to find work.
I think your wife’s manager is being very reasonable and you are probably making things worse. Just tell them how many hours per week your wife would like to work and let them tell you what they’re willing to offer. Then take it or leave it.
Tldr please.
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Your wife should consider becoming a member of her union. Because she is joining with a pre-existing issue it is unlikely they would be willing to provide representation with this if it came to this, but she still may be able to receive advice about what her rights are in this situation.
Pat = dad
Mat = mum