Employees Have Right to Request Flexible Working, Experts Clarify

Employees in the United States have the legal right to request flexible working arrangements, including a reduction in workdays, according to employment experts. This right extends to all employees from their first day of employment, with individuals permitted to make up to two such requests within a 12-month period. The request must be submitted in writing, dated, and clearly state the desired change and its intended start date.

Since April 2024, employees are no longer required to provide an extensive explanation of how their absence will affect business operations. While mentioning reasons such as childcare responsibilities can be helpful, employers cannot demand a detailed account of personal arrangements as a prerequisite for considering the request. Following a formal request, employers are obligated to discuss the proposal with the employee and provide a decision within a maximum of two months.

However, employers are legally permitted to refuse a flexible working request, but only if it can be justified by one of eight specific business grounds. These include: the potential for increased costs, inability to reorganize work among existing staff, difficulty in recruiting cover, a potential negative impact on the quality of work, a decline in performance, a detrimental effect on customer service, insufficient work available during the proposed hours, or planned changes to the business structure.

Experts advise that employees frame their request as a business case rather than a personal favor. This involves clearly outlining how the job responsibilities will be managed within the reduced hours, who will take on specific tasks, and potentially offering a trial period to mitigate perceived risks for the employer. If a request is denied, employees are advised to seek the refusal in writing and explore the possibility of an appeal.

Employment partner Catrin Mills emphasizes that while the law grants employees the right to ask for flexible working, it does not guarantee approval. Employers must consider requests reasonably and should only reject them if there are genuine business reasons. The process involves discussion, and a decision must be reached within the two-month timeframe. Legitimate reasons for refusal can encompass concerns related to customer service, staffing levels, overall performance, or the feasibility of reassigning duties.

If an employer cannot accommodate a request due to valid business concerns, alternative arrangements could be explored. These might include temporary adjustments, phased trial periods, compressed work schedules (e.g., working full-time hours over four days), or hybrid working models. The key to a successful outcome lies in open communication between the employee and employer to find a mutually agreeable solution.