Flexible working arrangements

Created: April 4, 2025 at 6:17 PM | Updated: April 7, 2025 | By NZ Navigator Trust

Flexible working arrangements can benefit everyone. This fair work practices information resource explains the benefits and types of arrangements that can be an option.

1. Types of flexible work

Flexible work arrangements can help employees balance their job with their responsibilites outside of work, manage health conditions and more.

Employees can ask to change their work arrangements, place, hours or days.

For organisations, flexible work arrangements can:

  • retain skilled employees and reduce recruitment costs and
  • raise employee morale and decrease absenteeism

The types of flexible work arrangements can be:

  • the times and days worked
  • job-sharing
  • where the employee works

Read more about flexible weekly and yearly work patterns and career options here.

 

2. Employee requests for flexible working arrangements

Fact:  Employees have the right to ask their employer to change their work arrangements, place of work, hours or days. 

An employee can ask their employer to change their working arrangements:

  • anytime from their first day of work
  • permanently or for a set time
  • for any purpose or reason

Fact:  Employers must consider any request in good faith, but do not have to approve it if there is a good business reason for declining.

It's a good idea for an employee to talk to their employer before they officially make a request.  

If the employee decides to make an official request, it must be in writing.

The employer must reply as soon as possible, but no later than 1 month after the request is made.

The employee request should:

  • explain how the working arrangement could be made to work for both parties
  • mention if the change is only for a short period

The employee should keep a copy of the request and note when it was sent to their employer. 

Read more about requests for flexible arrangements here, along with a request checklist, and information on resolving problems.

 

3. Responding to a flexible working request

Fact:  If an employee requests flexible working arrangements, the employer must give all requests full consideration and consider exploring alternatives to find an arrangement that works for the organisation and the employee.

The employer must:

  • consider each request fairly, in good faith
  • reply in writing as soon as possible — no later than 1 month after the request is made
  • only say 'no' for certain reasons (the recognised business grounds or non-accommodation grounds listed below).

Reasons for lawfully declining a request for a flexible working arrangement:

  • Cannot reorganise work among existing employees.
  • Cannot recruit additional employees.
  • Negative impact on quality.
  • Negative impact on performance.
  • Not enough work during the periods the employee proposes to work.
  • Planned structural changes.
  • Burden of additional costs.
  • Negative effect on ability to meet customer demand.
  • Conflicts with a collective agreement.

The reasons need to be stated if the application is declined. 

Fact:  An employee can make a formal complaint to a Labour Inspector if they consider that the proper process for notifying them of your decision was not followed.

The employee cannot make a complaint because you declined their request, or because they disagree with the reasons given.

Read more about responding to a request to a flexible  working request here.

 

4. Working from home

What needs to be considered when employees are working from home some or all the time?

a)  Employment agreement:

If an employee is permanently changing their place of work, their employer  should update their employment agreement to reflect this.

b) Equipment and expenses:

Employers should consider whether employees need any equipment to work from home effectively, for example, laptops, screens, headsets or office furniture.

Employers can choose to:

  • supply this equipment
  • ask the employee to provide it themselves
  • provide an allowance for it.

Fact:  There is no specific legal entitlement to allowances. If employers choose to offer an allowance, when it will be paid and how much is up to them to agree with the employee.

  • Paying for general utilities like electricity, gas, water and smoke detectors is generally the employee's responsibility.
  • Employers may choose to reimburse work calls if the employee is using a personal phone.

c) Health and Safety:

  • Employers must ensure the health and safety of employees. This includes their employees who are working from home.
  • Employees also have responsibilities under the Health and Safety at Work Act 2015.

Health and safety guidance about working from home can be found on the WorkSafe website here.

d) Security and privacy:

  • Employers may need to set up extra security for employees who are working from home.
  • Employers who decide to monitor their employees while they are working at home need to comply with the Privacy Act 2020.

Read more about security, privacy and working from home here.

 

Information source: Employment New Zealand