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New Legislation

New legislation effective 1 July 2008

The Employment Relations (Flexible Working Arrangements) Amendment Act 2007 takes effect on 1 July 2008.

From that date, certain employees who have caring responsibilities will have the statutory right to request flexible working arrangements to enable them to better meet those responsibilities.

The Act establishes a process and guidelines for requests and imposes a timeline for the employer to respond. It provides limited reasons for an employer to refuse the request and a penalty for employers who fail to comply. It also makes provision for assistance via a Labour Inspector, mediation or, in limited situations, the Employment Relations Authority, where dispute arises.

There is scope to apply for a wide variety of working arrangements. Eligible employees can make a request to vary their:

 Hours of work

 Days of work

 Place of work

We have published a new advisory service circular for members, as a guide to key employee entitlements and employer obligations under this Act.