In general, U.S. employers are not required to provide flexible working arrangements.
However, employees can make flexible working requests and there may be special circumstances where you’ll need to offer flexibility, such as:
Employee Requests for Flexible Work (The Americans with Disabilities Act – ADA):
Under the ADA, if an employee has a disability, they may request reasonable accommodations, which could include flexible working arrangements, depending on their needs. Employers are legally required to consider and provide such accommodations unless it would cause “undue hardship” to the business.
Family and Medical Leave Act (FMLA):
The FMLA allows eligible employees to take up to 12 weeks of unpaid leave for specific family or medical reasons, including caring for a newborn, sick family member or themselves. Although not a flexible working mandate, this law supports time away from work under certain conditions.
State-Specific Laws
Some states have enacted laws that encourage or require businesses to consider flexible work requests. For example, in states like New York and California, workers have some rights to request flexible or alternative working arrangements and employers must handle these requests reasonably.
In addition to legal requirements, you may be considering offering flexible working to your employees as a perk to join the company.
When considering this, you may ask the following questions:
- How do you get the right balance?
- How do you offer flexibility while ensuring fairness?
- How do you offer flexibility without employees abusing the privilege?
As an HR consultant, we prioritize acting in your business’s best interests.
We’re a big fan of flexible working, because it positively impacts employee engagement and retention.
However, it needs to be managed in a way that works for the business, too.
Here are some of the things we’d work with you on to help you get the right balance:
Flexible working policy
Develop a flexible working policy or procedure that communicates your expectations as a business, while empowering your employees to work in a way that gets the job done and suits their personal lives. Develop a simple request process so that each request and determination is documented.
Consider implementing core hours for availability
This can provide structure for meetings, team updates and other core activities, while allowing your employees some flexibility in their schedules.
Set expectations
Be transparent from the outset about the level of flexibility your business can offer, including in job advertisements and on your company website. This can help to manage expectations and attract great candidates who align with your approach.
Create a culture of trust
Prioritize building a culture of trust, autonomy and support, where value is placed on output and results rather than hours worked or location. This encourages a healthy balance between productivity and wellbeing.
Review regularly
Regularly review your flexible working policies, procedures and initiatives based on feedback and pulse survey results, performance data and the evolving needs of your business. This will ensure that your offering is fit for purpose and that everything runs smoothly.
Have questions and concerns about flexible working?
Get in touch with us for a confidential chat today.
