Workforce Management Procedure - Flexible Working Arrangements for Parents and Carers

Parent policy

Workforce Management Policy

Preamble

The purpose of this procedure is to assist staff members who wish to request a reduced fraction or other flexible working arrangement on the basis of parental or carer responsibilities and to assist managers and supervisors at the University to manage and respond to those requests.  The procedure is designed to:

1. ensure appropriate and informed consideration is given to such requests;
2. deliver potential benefits to both the individual staff member and the University, including the attraction and retention of talented staff;
3. assist the University to meet its operational requirements; and
4. assist the University to comply with its legal obligations.

The University will accommodate requests to work part-time or to put in place another flexible working arrangement where a staff member is returning from parental leave or otherwise has responsibilities as a parent or carer, unless the University has reasonable grounds to refuse the request.  In summary, the University will:

1. ensure that a staff member is not unlawfully disadvantaged on the basis of his/her parental or carer responsibilities; and
2. accommodate any reasonable request of a staff member for flexible working arrangements on the basis of his/her parental or carer responsibilities unless there is a reasonable basis for refusal.

This approach is consistent with the equal opportunity legislation in Victoria.  In addition, the Federal Fair Work Act 2009 entitles eligible parents to request flexible working arrangements to assist them in the care of pre-school age children and children with a disability, and the University may only refuse such requests on reasonable business grounds.

This procedure applies to all eligible staff members employed by the University on its Australian campuses.  

The Procedure requires both staff and the University, when making and considering requests for flexible working arrangements to balance the needs and interests of the staff member and the operational requirements of the staff member's role and work area.  Where the request for flexible working arrangements requires the consideration of a working from home arrangement, compliance with the Workforce Management Procedure - Working from Home will also be required.

Definitions

Carer: A carer is a person on whom another person is totally or substantially dependent for ongoing care and attention.  This does not include paid care.  Carers provide care and support to family members and friends with a disability, mental illness or disorder, chronic condition, terminal illness or who are frail.  Care giving may occur occasionally, continuously, in the short-term or over the long-term.

Carer responsibilities: Responsibilities as a carer.  More specifically, the care and attention they provide to a child or to another person (such as parent, spouse, domestic partner, relative or friend) where that person is totally or substantially dependent on the staff member for care.

Children: For the purposes of this Procedure, children are under the age of 18 years, and child has the related meaning.

Dean or divisional director: The dean of a faculty or director of the Division or his or her nominee in any case where the dean or director has formally nominated a person to act as his or her nominee for the purpose.

Eligible staff member:  An academic, professional or trades and services staff member with parental or carer responsibilities who requests a flexible working arrangement.  In addition:

1. an eligible staff member due to return from parental leave and requesting a reduced fraction of employment for a specified period or a voluntary reduced working year must have completed at least 12 months' continuous service with the University immediately prior to making his/her request; and
2. an eligible staff member due to return from parental leave and requesting an additional period of up to 12 months' unpaid parental to follow the initial period of paid and/or unpaid parental leave must have completed at least 12 months' continuous service with the University immediately prior to the date of delivery or adoption of the child.       

Flexible working arrangement:  May include but is not limited to part-time employment, variable fractions of employment, job-sharing, non-standard and variable start and finish times, working from home, and periods of unpaid leave, including additional unpaid parental leave (if eligible).  For a working from home arrangement, refer also to the Workforce Management Procedure - Working from Home (under consultation).

Head of unit:  The head of an academic or organisational work unit, for example Head of School, Head of Department or, where applicable, a person acting as his or her nominee.

HR Business Partner: A member of Monash HR who operates as a strategic partner responsible for providing a range of human resources services for an assigned Faculty or administrative Division.  HR Business Partners are located within a HR Service Hub.

HR Service Hub: The centre for human resources services and activities within a Faculty or Divisional Cluster.

Lead HR Business Partner: A member of the Monash HR management team who operates as a senior HR Business Partner responsible for the strategic and operational management of the human resources services and activities in a HR Service Hub.

Parent: May be a biological parent, a step parent, adoptive parent, foster parent, guardian or the domestic partner of a parent. 

Parental leave:  Leave that includes adoption leave, maternity leave, and spouse/domestic partner birth leave.

Parental responsibilities:  Responsibilities of a parent for the care of a child or children.   

Supervisor: The person who is responsible for the supervision of staff member(s) and in most cases this will be the immediate line manager.

Work area:  The work area under the responsibility of the head of unit (or equivalent as defined).

1.         Submitting a Request for a Flexible Working Arrangement

1.1       General

The staff member is to first undertake a process of self assessment to consider the staff member's work and personal needs, desired outcomes and options.   When formulating ideas it may be useful to talk with family and friends. 

The staff member is to consider how they believe the request can be accommodated and the likely impact upon their work unit if the request is approved, including the proposed duration of the flexible work arrangement. 

It is important for the staff member to consider their specific role and the duties/tasks for which they are responsible.  The request should outline how the flexible arrangement would fit with the current and future responsibilities of their position. 

The staff member may also wish to consider other alternatives they could suggest in the event their original request cannot be accommodated, or contingencies which could be put in place to accommodate urgent or irregular work needs.  

1.2       Staff Due to Return from Parental Leave

A request for a flexible working arrangement by a staff member due to return from parental leave is initiated by an eligible staff member completing and signing a Flexible Return/Extension of Parental Leave Application form (pdf, 206kb).

Such requested arrangement may include a reduced fraction of employment for a specified period of time, a voluntary reduced working year, an additional 12 months' unpaid parental leave or other flexible work arrangement.

1.3       Other Parents and Carers

A request for a flexible working arrangement by a staff member on the basis of parental or carer responsibilities (other than a staff member due to return from parental leave) is initiated by an eligible staff member completing and signing a Flexible Working Arrangements Request form (pdf, 206kb). This includes a staff member whose flexible working arrangement (whether under a Flexible Return/Extension of Parental Leave Application form (pdf, 255kb) or a Flexible Working Arrangements Request Form (pdf, 206kb)) is due to expire / has expired and who is seeking to apply for approval of a continuation of that arrangement.

The exception is a staff member who is already on an approved unpaid extension of parental leave and who is seeking a subsequent extension. In this case, he/she will not be subject to this procedure and he/she must instead submit an application for unpaid special leave under the Remuneration and Benefits - Types of Leave (Special Leave) procedure and indicate his/her previous approved extension(s) on that form.

2.         Considering a Request for a Flexible Working Arrangement

2.1       Consideration of Requests

The request will be considered by the supervisor and any agreement to a flexible working arrangement request will require approval of the head of unit. 

The supervisor must engage with the HR Business Partner immediately upon receiving a request for a flexible working arrangement to discuss the matter.  If the request includes a period of unpaid leave of greater than 6 months the application must be submitted with the endorsement of the dean or divisional director (as appropriate) to the Provost for academic staff or the Chief Operating Officer and Senior Vice-President for professional staff.

As a first step, the supervisor is to consider whether the flexible working arrangement can reasonably be accommodated or whether there is a reasonable basis for refusal taking into account all of the relevant circumstances and having regard to the Workforce Management Guideline - Flexible Working Arrangements for Parents and Carers. 

Consideration is to be given to whether the request can be accommodated in the staff member's substantive position in the first instance and then, if relevant, in a different role in the same work area or possibly in another role outside of the work area.

The supervisor's views about the request should be discussed with the head of unit. 

The supervisor/head of unit must seek and obtain advice from the Lead HR Business Partner prior to communicating any intended refusal to the staff member.

2.2       Requirement to Respond within 21 Days

For staff members applying for flexible working arrangements on the basis of parental responsibilities of pre-school age children or children with disabilities, or to extend parental leave, the University's approval or refusal of the request must be provided in writing and within 21 calendar days of the University's receipt of the staff member's formal written request.  

This requirement will be satisfied by:

1. in the case of an approved request by a staff member returning from parental leave, the supervisor providing the staff member with a copy of the completed Flexible Return/Extension of Parental Leave Application form (pdf, 255kb) within 21 calendar days of its lodgement with the University, and forwarding the completed original form to the HR Business Partner;
2. in the case of other approved requests, the supervisor providing the staff member with a copy of the completed  Flexible Working Arrangements Request Form within 21 calendar days of its lodgement with the University, and forwarding the completed original form to the HR Business Partner; and
3. in the case of a refusal, the supervisor providing the staff member a completed refusal notification confirming that the request has not been approved within 21 days of receipt of the request and in accordance with 4.2 below.

3.         Approving the Request

3.1       Approval of a Flexible Working Arrangement in the Staff Member's Substantive Position  

If after consideration of the request via the supervisor the head of unit determines that the requested arrangement can reasonably be accommodated in the staff member's substantive position, then he/she is to advise the supervisor accordingly.  In addition, he/she is to provide the supervisor with the signed Flexible Return/Extension of Parental Leave Application form (pdf, 255kb) or the Flexible Working Arrangements Request form (pdf, 206kb), as applicable, approving the requested flexible working arrangement.

If the request includes a period of unpaid leave of greater than 6 months the application must be submitted with the endorsement of the dean or divisional director (as appropriate) to the Provost for academic staff or the Chief Operating Officer and Senior Vice-President for professional staff.

On receipt of the advice of his/her head of unit, the supervisor is to advise the staff member that the requested flexible working arrangement has been approved and then discuss implementation. 

3.2       Approval of a Flexible Working Arrangement in a Different Position in the Work Area

If after consideration of the request the head of unit determines that the requested arrangement cannot reasonably be accommodated in the staff member's substantive position and there is a reasonable basis to refuse the request, but he/she is able to identify an alternative role or duties within the staff member's work area which could reasonably accommodate the requested arrangement either on the basis of a permanent transfer or for a temporary period of up to 12 months, then he/she is to advise the supervisor accordingly.

If the request includes a period of unpaid leave of greater than 6 months the application must be submitted with the endorsement of the dean or divisional director (as appropriate) to the Provost for academic staff or the Chief Operating Officer and Senior Vice-President for professional staff.

On receipt of the advice of and head of unit, the supervisor is to advise the staff member that the requested flexible working arrangement can be accommodated but this would require an alternative role or duties within the staff member's work area.  If the staff member agrees, a formal variation to the staff member's contract is required to be entered into.  The variation of contract will provide for the staff member's transfer to the alternative role or duties either:

1. for the agreed period and the staff member's reversion to his/her substantive position and fraction at the end of the agreed period; or
2. on a permanent basis. 

3.3       Consideration of Other Alternatives Outside the Work Area

If after consideration of the request the head of unit determines that the request cannot reasonably be accommodated in the staff member's substantive position or work area, the head of unit will request the Lead HR Business Partner to make reasonable inquiries of other work areas to determine whether the staff member's request could reasonably be accommodated by a temporary or permanent transfer elsewhere within the University.   

If the inquiries of the Lead HR Business Partner find that the staff member's requested arrangement can be reasonably accommodated by a temporary or permanent transfer elsewhere within the University, the relevant heads of unit approve and the staff member agrees, the procedures under 3.2 will apply and a formal variation to the staff member's contract for temporary or permanent transfer will be entered into accordingly.

4.         Refusing a Request for a Flexible Working Arrangement

4.1       Reasonable Grounds for Refusal

If after consideration of the supervisor's views and the Workforce Management Guideline - Flexible Working Arrangements for Parents and Carers and after conferring with the Lead HR Business Partner, the relevant head of unit determines that:

1. the requested arrangement cannot reasonably be accommodated in the staff member's substantive position; and
2. an alternative available role or duties which could reasonably accommodate the requested arrangement cannot be reasonably identified, or the staff member is unwilling to agree to such alternative role or duties,

the relevant head of unit will notify the Lead HR Business Partner.  The Lead HR Business Partner will then discuss the issue with the Director, Workplace Relations before the decision to refuse the request is conveyed to the staff member.  

4.2       Informing the Staff Member

If there is a reasonable basis for a refusal of the staff member's request for a flexible working arrangement, the supervisor in conjunction with the Director, Workplace Relations (or nominee) will provide written notification accordingly to the staff member. 

The supervisor will invite the staff member to meet to deliver the written notification of refusal, to explain the reasons for refusal, and to discuss any further alternative flexible working arrangements appropriate for consideration (if any).  The supervisor is to be accompanied by a nominee of the Director, Workplace Relations, who will be the Lead HR Business Partner unless otherwise nominated by the Director, Workplace Relations.  If the staff member declines to meet or a meeting is not reasonably practicable, the written notification of refusal will be emailed to the staff member.

5.         Employment Related Grievance Procedure

A staff member who is aggrieved by the refusal of his/her request for a flexible working arrangement may apply for review of the decision under the University's applicable employment-related grievance resolution procedure or dispute resolution procedure.

6.         Review of Flexible Working Arrangements

The flexible working arrangement is to be reviewed where entered into on a trial basis.  The review should be conducted by the supervisor/manager, in consultation with the staff member prior to the conclusion of the trial to determine whether or not the arrangement is to continue. Typical items for review may be:

1. Is the arrangement providing benefit and flexibility to both the University and the staff member?
2. Is the work being performed satisfactorily, are targets being met?
3. Is the communication effective for both supervisor/manager and the staff member?
4. Benefits/cost to the University and the staff member of providing the flexible working arrangement.
5. What changes/measures have been, or still need to be made?
6. Any other relevant factors identified.

Flexible working arrangements entered into on other than a trial basis may also be reviewed to ensure they are supported and that the efficiency and effectiveness of the arrangement is maintained.  Both individual and organisational needs change over time.  It is important to monitor the impact of the flexible work arrangement on the staff member's work, family and life balance as well as on the University and work unit.

Responsibilities

Staff member

An eligible staff member seeking a flexible working arrangement is responsible for:

• submitting a signed Flexible Return/Extension of Parental Leave Application form (pdf, 255kb) if returning from parental leave, no later than six weeks prior to their scheduled return to work; or
• submitting a signed Flexible Working Arrangements Form (pdf, 206kb) if they are an other parent or carer.

Supervisor

The supervisor is responsible for:

• considering all requests for flexible working arrangements from their staff;
• engaging with the HR Business Partner, Lead HR Business Partner, head of unit and dean or divisional director as necessary;
• in consultation with the HR Business Partner, responding to the staff member within the applicable timeframes by providing them with a copy of the completed Flexible Return/Extension of Parental Leave Application form (pdf, 255kb) or Flexible Working Arrangements Request form (pdf, 206kb);
• advising the staff member if the requested flexible working arrangement has been approved, or can only be accommodated in an alternative role or duties within the staff member's work area or elsewhere;
• in conjunction with the Director, Workplace Relations (or nominee), meeting with the staff member and providing the staff member with written notification if there is a reasonable basis for a refusal of his/her flexible working arrangements request; and
• in consultation with the staff member, conducting a review of the flexible working arrangement where appropriate or required as part of the trial.

Head of unit

The head of unit is responsible for:

• determining whether or not the request can be reasonably accommodated; and
• providing the supervisor with the signed Flexible Return/Extension of Parental Leave Application form (pdf, 255kb) or the Flexible Working Arrangements Request form (pdf, 206kb) if the request is approved; and
• identifying an alternative role or duties within the staff member's work area which could reasonably accommodate the requested flexible working arrangement and advising the supervisor accordingly; and
• approving a temporary or permanent transfer elsewhere in the University to accommodate the requested arrangement; and
• engaging with the Lead HR Business Partner if the flexible working arrangement request cannot be accommodated in the staff member's substantive position or his/her work area.

Lead HR Business Partner

The Lead HR Business Partner is responsible for:

• where applicable and requested by the head of unit, making reasonable inquiries of other work areas to determine if the staff member's request can be accommodated by a temporary or permanent transfer elsewhere in the University; and
• engaging with the Director, Workplace Relations where applicable to determine if there are reasonable grounds for refusal; and
• acting as the nominee of the Director, Workplace Relations as needed.

The Director, Workplace Relations

The Director, Workplace Relations is responsible for:

• being satisfied that there are reasonable grounds for refusal after the head of unit notifies the Lead HR Business Partner that the staff member's request cannot reasonably be accommodated in the staff member's work area or elsewhere; and, if applicable
• arranging for the preparation of written notification of refusal.

In conjunction with the supervisor, the Director, Workplace Relations (or nominee) is responsible for advising a staff member in person and/or in writing of the reasons for refusal of a request for flexible working arrangements.

Related procedures

• Remuneration and Benefits Procedure – Types of Leave (Special Leave)
• Workforce Management Procedure - Work Life (Breastfeeding)
• Workforce Management Procedure - Work Life (Children in the Workplace)
• Workforce Management Procedure - Working from Home
• Workforce Management Procedure - Work Life (Job Share)

Related Enterprise Agreement Clauses

Monash University Enterprise Agreement (Academic and Professional Staff) 2009:

• Clause 12 - Dispute Resolution Procedure
• Clause 30 - Voluntary Reduced Working Year
• Clause 39 - Application of Parental Leave
• Clause 56 - Employment Related Grievance Resolution Procedure

Monash University Enterprise Agreement (Trades and Services Staff - Building and Metal Trades Staff) 2009:

• Clause 12 - Dispute Settling Procedures
• Clause 13 - Employment Related Grievance Resolution Procedures
• Clause 53 - Voluntary Reduced Working Year
• Schedule 6, clause 5 - Application of Parental Leave

Monash University Enterprise Agreement (Trades and Services Staff - Catering and Retail, Cleaning and Caretaking, and Miscellaneous Services Staff) 2005:

• Clause 44 - Voluntary Reduced Working Year
• Schedule 5, clause 7 - Application of Parental Leave

Related Documents

• Workforce Management Guideline - Flexible Working Arrangements for Parents and Carers
• Workforce Management Guideline - Work Life (Breastfeeding)
• Workforce Management Guideline - Work Life (Children in the Workplace)
• Workforce Management Guideline - Work Life (Job Share)
• "Family Responsibilities- Guidelines for Employers and Employees" published by the Victorian Equal Opportunity and Human Rights Commission and Industrial Relations Victoria.
• "Best Practice Guide Work and Family" published   by the Fair Work Ombudsman
• Flexible Working Arrangements Flowchart – Excluding special leave [PDF 152kb]
• Flexible Working Arrangements Flowchart – Including special leave [PDF 151kb]

Related Forms

• Flexible Return/Extension of Parental Leave Application form [WORD] or [PDF]
• Flexible Working Arrangements Request Form [WORD] or [PDF]