Flexible working arrangements and employee rights

The COVID-19 Pandemic has had a profound impact on the employment landscape. Workers who once made the daily commute to the office are now performing the same work from the comfort of their own homes (and couches!). Flexible work arrangements have become the norm over the past year and a half. Some examples include remote work and flextime (where working hours are split between the home and the office).  Faced with the idea that life is slowly returning to normal, many employees are wondering what’s next.

A new survey of over 3000 employees conducted by the professional network app Blind found that 64% of employees would rather work from home than receive a $30,000 raise. The survey included workers from companies such as Amazon, Microsoft and Google. The results of this survey are indicative of a larger paradigm shift. Flexible work hours and remote work arrangements may become part of our “new normal”.

Many employees do not want to return to the traditional 9–5. This raises questions about how to navigate this new employment landscape.

What is a flexible work arrangement?

A flexible work arrangement allows an employee to choose when they begin and end work, and where they work. Some examples of flexible working arrangements are:

• Remote work
• Teleworking/Telecommuting
• Compressed workweek
• Job Sharing
• Flextime

Can my Employer ask me to return to my regular in-person working arrangement?

In general an employer can likely ask an employee to return to their regular working arrangement. This is especially true if the hours and location of work are set out in the employee’s employment agreement. However, in light of the pandemic, it may not be feasible to do so. In some cases, it may not be safe for an employee to return to their original in-person working arrangements.

For example, employees who are particularly vulnerable to COVID-19 may need to continue working remotely. This might be the case for persons with compromised immune systems or other underlying medical conditions. They may need a flexible work arrangement where they can attend the office after hours when there are fewer people. Employers have a duty to accommodate an employee with a bona fide physical or mental disability. Flexible work arrangements should be fully explored in full consultation with the employee. Employees must be accommodated, unless such measures would amount to undue hardship for the employer.

Post-pandemic, many employees may also have heightened or changed childcare or caregiving responsibilities. These responsibilities may make it difficult for them to return to in-person work on a full-time basis. Employees in this situation should speak with their employer about a flexible work arrangement. Family and caregiving responsibilities may trigger the employer’s duty to accommodate the employee’s request on the basis of family status.

I want to continue remotely/flexibly. How do I talk to my boss?

Have a plan

• Do you want to work in the office a couple days a week?
• Would you prefer to work from home full-time?
• Do you have any underlying health conditions or family obligations that require you to only work certain hours?

Highlight how the flexible work arrangement will benefit your Employer

• Will a flexible work arrangement increase your productivity and ability to handle workflow?
• Does it increase your work-life balance?
• Can opening up an otherwise occupied space in the office help the employer safely accommodate other employees?

Review expectations including Employer policies on remote work

• Agree on the duration of the flexible work option and a date for the option to be re-evaluated
• Discuss parameters for reporting, goal-setting, and communication, and how these may differ in a flexible work arrangement
• Review any employer policies on remote working, including policies surrounding privacy, confidential information, and use of technology

Approaching these conversations with a positive intent and a clear action plan will increase trust between both parties. And it will help ensure success and longevity for flexible working arrangements in the future.