Employers offering workplace flexibility set great examples in the job market. For companies seeking to follow suit, having flexible workplace laws on the books provides clear guidance on where they stand legally when employees make requests to work flexible schedules.
Workplace laws give teeth to casual policies or otherwise well-intentioned efforts of employers that take a more relaxed approach to work flexibility. How so? By providing enforceable rules that can help workers achieve healthier work-life balance—and help employers map out their approach to achieving workplace flexibility.
So far, only two states, New Hampshire and Vermont, have passed workplace laws that apply to all companies, organizations, and government agencies in their states.
Here’s a rundown of the workplace laws in those states, and a look at similar efforts in cities across the U.S.
New Hampshire
New Hampshire Senate Bill 416 put measures in place that prevent employers from retaliating against workers who request flexible schedules. Before the measure was signed into law in 2016, employers not only had no obligation to consider the request, but they also could take retaliatory measures against employees who made them—from demotions to outright dismissal.
Women make up about 47 percent of the Granite State’s workforce, and, as their ranks have grown, work flexibility has taken on increasing urgency. The New Hampshire law, which received support from the state’s Labor Department, protects all workers who request flexibility to care for children or elderly relatives and who request flexibility for family events, emergencies, or other reasons.
As noted in an article in the New Hampshire Business Review, the law does not require employers to accommodate workers who request remote, alternative, part-time, or freelance schedules. But the measure prevents bosses from retaliating against employees who seek that flexibility.
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Workers who believe their employer has retaliated against them can bring the complaint directly to the labor commission or file a lawsuit through the civil courts in the state.
Vermont
The Vermont law, which took effect in 2014, is one of the strongest workplace laws on the books, extending not only to the “right to request” a flexible work schedule, but also to employee rights to equal pay.
Taking a somewhat more formal approach than the New Hampshire law, the Vermont law requires workers to put their request into writing, and the request can be based on any number of reasons. A flexible work arrangement is defined broadly and can include “changes in the number of days or hours worked, changes in the time the employee arrives at or departs from work, working from home, or job sharing,” the law states.
In turn, the employer must also respond to the worker’s request in writing, and should make an effort to accommodate the request if it’s in line with the organization’s business operations and objectives.
Workplace Laws Locally and Globally
San Francisco
The San Francisco Board of Supervisors passed the Family Friendly Workplace Ordinance in 2013, and the law went into effect on January 1, 2014. Covering San Francisco workers whose organizations employ 20 or more people, the law permits workers to request flexible arrangements for caregiving reasons.
In an interview, David Chiu, the president of the Board of Supervisors, offered some great insights into the reasons the”right to request flexibility” law came into being, and its effect on San Francisco.
New York City
Top New York City officials have shown support for flexible work arrangements, pressing to make the “right to request” flexibility a formal mechanism that will help the city stay competitive in attracting top talent.
A report by the New York City Comptroller offered a detailed analysis and case studies outlining the reasons New York City would benefit from workplace laws supporting flexibility.
Berkeley, California
The Berkeley Flexible Work Time Initiative is at the forefront of the move for workplace laws on flexibility in the Berkeley, California, region.
In an article titled “A Call for the ‘Right to Request’ in Berkeley,” published on our sister site, 1 Million for Work Flexibility, the organization made a compelling case for making it “easier for people to choose part-time and other flexible work arrangements (such as telecommuting.)”
Worldwide
Work flexibility legislation worldwide shows that, on a national level, a number of European countries are ahead of the U.S. when it comes to laws that apply to all employers.
Germany, Spain, Finland, the Netherlands, Norway, and Belgium are at the forefront in offering a variety of great protections and work flexibility for working parents, caregivers, older workers, and employees looking for flexibility for any number of reasons.
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Disclaimer: This article provides only general information and does not constitute legal or tax advice. You should not act or refrain from acting based on this article, or any related information on FlexJobs, without first consulting with a legal or tax professional.
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