How to request flexible working arrangements

The way we work is changing. More and more employees are looking for a better balance between their job and personal life, and flexible working arrangements are a key part of that conversation. Whether you’re looking to adjust your start and finish times, work from home a few days a week, or compress your hours, knowing how to approach your employer is crucial.

In New Zealand, the right to request flexible working is protected by law. This guide will walk you through the process, explain your rights, and provide practical tips to help you make a successful flexible work request.

Understanding your rights in New Zealand

The Employment Relations Act 2000 gives all employees the right to ask for changes to their hours, days, or place of work. While employers are not automatically required to approve every request, they must follow a formal process and consider it fairly.

Under the Employment Relations Act, any employee can request flexible working from their first day of employment. This is a significant change from previous rules, which required a certain period of service. This right covers all aspects of your work arrangements, including how many hours you work, when you work them, and where you work from. Your employer must respond to your request in writing within one month.

It’s important to know that an employer can only refuse a request for flexible working on specific business grounds. We will explore these grounds later in the article.

Preparing your flexible work request

A well-prepared request shows your employer that you’ve thought through the implications and are committed to making the new arrangement work for everyone. Before you submit anything, take some time to plan.

Consider what you want to achieve

Start by defining what a flexible work arrangement would look like for you. Do you want to:

Change your start and finish times?
Work fewer hours for a different pay rate?
Compress your working week (e.g., work your full hours over fewer days)?
Work from home (remote working) or another location?
Share your job with another person?

Be specific about the changes you want. Think about how this new arrangement will affect your team, your responsibilities, and the business as a whole. Being clear from the outset helps your employer understand exactly what you are asking for.

Build a strong business case

Your goal is to show your employer that the benefits of your proposed arrangement outweigh any potential drawbacks. Focus on how flexible work can lead to positive outcomes like increased productivity, improved well-being, and greater job satisfaction.

When building your case, consider the following aspects:

Your tasks: How will you continue to meet all your job responsibilities? Explain how your work can be done effectively under the new arrangements.
Team communication: How will you stay connected with your team and manager? Suggest using specific tools or attending regular meetings in the office.
Impact on others: Think about how your request might affect other staff. Is there a way to reorganise work to minimise disruption?
Business needs: Address any potential challenges and offer solutions. For example, confirm you have a suitable environment and the necessary technology.

Demonstrating that you’ve considered the business’s perspective will make your request more compelling.

How to make a formal request

While you can discuss flexible arrangements informally, a formal request must be made in writing to be covered by employment law. This ensures there is a clear record of your request and your employer’s response.

Your written request for flexible working should include:

Your name and the date.
A clear statement that you are making a request for flexible working arrangements under Part 6AA of the Employment Relations Act.
Details of the changes you are seeking and whether you want them to be permanent or for a set period.
The date you would like the new arrangement to start (and the end date if you're requesting a temporary arrangement).
An explanation of how you think the changes might affect the business and your suggestions for how to manage them.

You can use our request for a flexible work arrangements template to help structure your letter or email. Presenting a thoughtful and professional document is key.

A request for flexible working arrangements example

Here is a simple structure you can adapt:

"[Date]

Dear [Manager's Name],

I am writing to make a formal request for flexible working arrangements under the Employment Relations Act.

I would like to change my working pattern to [clearly describe the new arrangement you are proposing, including hours, days, and location of work]. I would like this arrangement to begin on [start date]. I am requesting this change [explain your reason, e.g., to better manage family commitments or reduce commute time].

I have considered how this arrangement will impact my work and the team. I believe I can continue to perform all my duties effectively. To ensure seamless communication and collaboration, I propose [suggest solutions, e.g., being available for calls during core hours, attending weekly team meetings in person].

I am confident that this flexible work arrangement will be mutually beneficial, leading to increased productivity and job satisfaction. I am happy to discuss this proposal further and am open to a trial period to ensure it works for everyone.

Thank you for considering my request.

Sincerely,

[Your Name]"

What to expect after submitting your request

Once you’ve submitted your request for flexible working, your employer has a legal obligation to respond. They must consider your request fairly and in good faith. This means they cannot dismiss it without proper consideration.

Your employer must provide a written response within one month of receiving your request. They can either approve your request or, if they refuse it, they must state the specific business grounds for their decision.

Grounds for refusal

An employer can only decline flexible working requests for recognised business reasons.

These include:

Inability to reorganise work among other staff.
Negative impact on quality or performance.
Inability to recruit additional staff.
Detrimental impact on customer demand.
The planned structural changes would conflict with the request.
Significant extra costs.

If your employer refuses your request, they must explain why. If you believe your employer did not request fairly or follow the correct process, you have options to resolve the issue.

What if your request is denied?

If your flexible working request is denied, first review the reasons your employer provided. If you feel the decision is unfair or that the process wasn't followed correctly, you can take further steps.

The principle of good faith is central to New Zealand’s employment relations. Both you and your employer must be open and honest with each other. If you believe your employer has not acted in good faith, you can seek support.

You can try to resolve the issue through mediation services, which can help you and your employer reach an agreement. If that fails, you may be able to raise a personal grievance with the Employment Relations Authority. This is a more formal step, so seeking advice from a union or employment law expert is recommended.

Considering a temporary arrangement

Sometimes, employers are more open to a temporary or trial period for flexible arrangements. This allows both parties to see how the new setup works in practice. Proposing a set period, such as three or six months, can be a great way to show your commitment and ease any concerns your employer might have.

Ultimately, requesting flexible working is about starting a conversation. By preparing a thoughtful request and understanding your minimum rights, you put yourself in the best position to achieve a work arrangement that supports both your personal well-being and your professional success.

Promoting work-life balance

At Hays, we're dedicated to helping you achieve a better work-life balance. Our latest Salary Guide reveals that flexible working is now a standard expectation, not just a bonus. By knowing your rights and presenting a well-thought-out request, you can create a work setup that fits your life and advances your career.