Building equality in the workplace

Transcription

1 Buiding equaity in the workpace Famiy Responsibiities Guideines for Empoyers and Empoyees Industria Reations Victoria Department of Innovation, Industry and Regiona Deveopment

2 Introduction From 1 September 2008, changes to the Equa Opportunity Act 1995 (Vic) (by the Equa Opportunity Amendment (Famiy Responsibiities) Act 2008 (Vic)) wi protect working parents and carers from discrimination when trying to baance their work and famiy responsibiities. The Victorian Equa Opportunity & Human Rights Commission and Industria Reations Victoria have pubished these guideines to provide practica information to empoyers and empoyees about the new rights and responsibiities under the Equa Opportunity Act. The guideines provide detais of the amendments, offer answers to common questions asked by empoyers and empoyees, and incude a mode process that empoyees and empoyers can use to make and consider requests for changes to work arrangements. The guideines were deveoped in consutation with empoyer organisations, unions and community organisations. The Commission and Industria Reations Victoria woud ike to thank the foowing organisations for their invovement in the production of these guideines: Austraian Industry Group, Carers Victoria, JobWatch, Law Institute of Victoria, Sma Business Victoria, Office of the Workpace Rights Advocate, Victorian Automobie Chamber of Commerce, Victorian Empoyers Chamber of Commerce and Industry, Victorian Trades Ha Counci, Working Famiies Counci. Victorian Equa Opportunity & Human Rights Commission 3/380 Lonsdae Street Mebourne Victoria 3000 Advice Line: (03) Phone: (03) Fax: (03) TTY: (03) To Free: (country caers) Interpreters: (03) Emai: information@veohrc.vic.gov.au DISCLAIMER: This information is intended as a guide ony. It is not a substitute for ega advice. YOUR PRIVACY: The Victorian Equa Opportunity & Human Rights Commission compies with Victorian privacy aws and the confidentiaity provisions of the Equa Opportunity Act Our privacy poicy is avaiabe onine at or by contacting the Commission. Authorised by the Victorian Equa Opportunity & Human Rights Commission, 3/380 Lonsdae St, Mebourne, Victoria, 3000 Printed by Printmode, Thistewaite Street, South Mebourne, Vic Juy 2008 Copyright: Victorian Equa Opportunity & Human Rights Commission No part may be reproduced by any process except with permission from VEOHRC or in accordance with the provisions of the Copyright Act 1968 (Cwth). Copyright Acknowedgment The Commission is gratefu to Industria Reations Victoria, hoder of copyright in materia from which certain extracts appear in this work. IRV is copyright hoder to particuar passages specifying information on better work and famiy baance. This information can aso be obtained from Industria Reations Victoria at the Business Victoria website and is aso avaiabe from the Victorian Business Line (VBL) on Te

3 Contents 1. Getting the baance right 2 2. A itte perspective 3 3. What s new 3 4. Key terms 5 5. The process expained 7 6. What you shoud know 8 7. Exampes of best practice responses FAQs for empoyers FAQs for empoyees Ready reference guide Resources and contact detais inside back cover

4 1. Getting the baance right Sometimes peope experience difficuties in managing their work and famiy responsibiities effectivey. Whie they know how important it is to get the job done, they aso know they need to ook out for the peope they care for. This is a chaenge that many Victorians face daiy whether they are empoyers or empoyees. In Victoria, around 60 per cent of famiies with chidren under the age of 12 with at east one parent empoyed use work arrangements such as fexibe working hours, shift work, part-time work, working from home, or job sharing to hep them care for their chidren. 1 More than 2.5 miion Austraians (13 percent of a househods) care for someone with a disabiity or ong-term condition or for someone who is edery. 2 In 2006, there were an estimated 2.7 miion Austraian residents aged 65 years or oder. This means more spouses or partners, and adut chidren wi need to provide ong-term care for famiy members and may have to baance this caring roe with paid empoyment and other famiy responsibiities. 3 The structure of househods is aso changing. The number of singe parent and doube income famiies is growing. Famiies are more mobie, which means there is ess access to support from extended famiy. In addition, technoogica advances that enabe working from home are changing the nature of work. There are aso more part-time and casua workers, and more women than ever before are joining the workforce. Empoyers aso face new chaenges in striking a baance between buiding their business and effectivey managing and supporting their workforce. These guideines aim to assist empoyers and empoyees to meet these chaenges. 1 Chid Care Survey, Austraian Bureau of Statistics, Survey of Disabiity, Ageing and Carers, Austraian Bureau of Statistics, Austraia s Wefare, Austraian Institute of Heath and Wefare, Buiding equaity in the workpace

5 2. A itte perspective For many years, it has been against the aw under the Equa Opportunity Act for an empoyer to discriminate against someone because they are a parent or a carer, for exampe, in determining who shoud be offered a job or given a promotion. It is aso against the aw for empoyers to discriminate against a person because of age, breastfeeding, impairment, pregnancy, race, sexua orientation among other protected characteristics. Information about a protected characteristics are avaiabe from the Commission s website. The recent famiy responsibiities amendments to the Equa Opportunity Act were introduced to provide workers with parenta or carer responsibiities further protection from discrimination in the workpace. Fexibe work arrangements benefit empoyers, empoyees and their famiies. Improving work ife baance heps retain skied staff, especiay peope with parenta or carer responsibiities. This saves on recruitment and training costs and utimatey boosts productivity. Industria Reations Victoria has estimated that repacing an empoyee on an annua saary of $45,000 coud cost an organisation $17,000. Apart from the recruiting and training costs, when an empoyee eaves a job their knowedge and networks are ost to the organisation. Any reduction to these business costs can make a major contribution to profitabiity. 3. What s new What are the key changes? The changes provide that an empoyer shoud not unreasonaby refuse to accommodate an empoyee s parenta or carer responsibiities, in reation to their work arrangements. This means that an empoyer shoud not refuse fexibe work arrangements for workers with famiy responsibiities, without considering a of the circumstances. Requests shoud be seriousy considered. In these guideines, references to an empoyer incude a principa or firm, and references to an empoyee incude a person offered empoyment, a contract worker, a partner or person invited to be a partner. For further information, see Industria Reations Victoria s Work and Famiy Baance Manua Better practices for better businesses at > Industria Reations > Hepfu Pubications > Work and Famiy Baance Manua (pdf). Famiy Responsibiities ~ Guideines for Empoyers and Empoyees 3

6 What do the changes mean? An empoyer is required to consider a reevant facts and circumstances in determining whether he or she shoud agree to fexibe work arrangements for an empoyee with parenta or carer responsibiities. This does not mean that an empoyer must agree to every request for changes to existing work arrangements, but it means an empoyer must not refuse a request uness it is reasonabe to do so under the circumstances. Each situation wi depend on the facts and circumstances. In coming to a decision, empoyers shoud consider a number of factors such as: the nature of the empoyee s work and parenta or carer responsibiities the nature and cost of the arrangements required for an empoyee to fufi their parenta or carer responsibiities the effect of the fexibe work arrangement on the workpace, incuding the financia impact on the business. For a ist of other reevant factors and more information about what empoyers shoud consider under the changes, refer to What you shoud know on page 8. How this works in practice Baancing work and parenta or carer responsibiities is about making reasonabe attempts to create a more fexibe workpace. Fexibe work arrangements that may hep empoyees baance their parenta or carer responsibiities incude: working part-time or working agreed hours over fewer days job sharing working from home starting and finishing earier or ater changing hours of work, break times, rosters or timing of meetings extending unpaid eave where paid eave entitements have been exhausted changing the need for work trave and the need for overnight stays aowing an empoyee to work additiona hours to make up for time taken for parenta or carer reasons without oss of pay. Empoyers might aso consider other arrangements to assist empoyees baance work and famiy responsibiities such as providing access to an office phone for cas reating to parenta or carer responsibiities. 4 Buiding equaity in the workpace

7 4. Key terms nq What are parenta or carer responsibiities? These responsibiities reate to the empoyee s roe as a parent or carer - to their care and attention of a chid, or of another person (such as a parent, spouse, domestic partner, reative or friend) who is totay or substantiay dependent on the empoyee for care. nq Who is a parent? A parent may be a bioogica parent, a step-parent, adoptive parent, foster parent, guardian, or the spouse or domestic partner of a parent. nq Who is a carer? A carer is a person on whom another person is totay or substantiay dependent for ongoing care and attention. This does not incude paid care. Carers provide care and support to famiy members and friends with a disabiity, menta iness or disorder, chronic condition, termina iness or who are frai. Care giving may occur occasionay, continuousy, in the short-term or over the ong-term. Famiy Responsibiities ~ Guideines for Empoyers and Empoyees 5

8 nq Who is a domestic partner? A domestic partner is a person with whom the person ives as a coupe on a genuine domestic basis (regardess of sexua orientation), but to whom they are not married. Empoyers are not entited to question staff about detais of their domestic partner or the status of their domestic reationship, for exampe the ength of the reationship or the gender of the partner. nq What is meant by work arrangements? Work arrangements may incude arrangements around working time, work organisation, and the work environment. This incudes hours of work, break times, rosters, overtime, eave arrangements, the scheduing of staff meetings, work trave, ocation of work, and access to other workpace areas. An empoyee may need to change work arrangements because of their persona circumstances. Changing work arrangements may occur just once or be ongoing (for a fixed or indefinite time). 6 Buiding equaity in the workpace

9 5. The process expained The mode outined beow is one exampe of a best practice response by an empoyer to a request from an empoyee. It can be adapted to any circumstance or workpace. What happens when a request for fexibe arrangements is made? An empoyee asks an empoyer to change their work arrangements so they can better manage their parenta or carer responsibiities Empoyer considers the request and any information reevant to it, such as the ikey effect on the empoyee s work, their co-workers, and the business Empoyer and empoyee meet to discuss the request. If the request is not possibe, aternative work arrangements that may hep the empoyee baance work and famiy responsibiities are aso discussed. Empoyer consuts with empoyees ikey to be affected by the proposed changes. Request refused Empoyer expains decision giving reasons Request agreed Empoyer puts the agreement in writing, incuding the duration of the new arrangement and dates and process for review Request triaed Empoyer considers a tria period if there are any doubts Empoyer puts in pace a process to ensure the empoyee is incuded in a workpace communications, consutation processes and socia activities, and as far as possibe faciitates attendance at training or staff meetings Empoyer informs co-workers of any changes to work arrangements and deveops strategies to integrate any changes in workfow Empoyer and empoyee meet reguary to review how the work arrangement is operating for a in the workpace Famiy Responsibiities ~ Guideines for Empoyers and Empoyees 7

10 6. What you shoud know It makes good business sense for empoyers to consider their empoyees work ife baance without a specific empoyee request being made, for exampe by avoiding scheduing meetings before 9am as parents may need to drop their chidren off at schoo. Receiving a request An empoyee may raise their need for changed work arrangements because of their parenta or carer responsibiities in any number of ways - informay or formay, verbay or in writing. Empoyers can be prepared to respond to empoyee requests or concerns by estabishing equa opportunity workpace poicies and practices. Empoyers shoud ensure that a empoyees are famiiar with these poicies. Remember to be sensitive about the receipt and storage of persona information discosed by an empoyee in the course of making a request. A record coud be kept of discussions aong with any other materias that form the basis of the decision. Considering a request An empoyee s request for fexibe work arrangements because of their parenta or carer responsibiities shoud be seriousy considered. When considering whether to agree to a request to change work arrangements, empoyers shoud think about the request and any other options that might be suitabe. For exampe, working from home may not be possibe but changing start and finish times to aow a parent to attend to famiy care needs after schoo hours may be possibe in your workpace. Consider each request individuay. Each wi have different facts and circumstances. What may work in one situation may not work in another. Factors empoyers shoud consider when assessing a request incude: the nature of the empoyee s work and parenta or carer responsibiities the nature and cost of the arrangements required for an empoyee to fufi their parenta or carer responsibiities the financia circumstances of the empoyer the size and nature of the workpace and the empoyer s business the effect of the fexibe work arrangements on the workpace, incuding the financia impact on the business the consequences for the empoyer of having the fexibe work arrangements the consequences for the empoyee of not having the fexibe work arrangements. 8 Buiding equaity in the workpace

11 Other considerations that might be reevant in a particuar case incude: the workoad of other empoyees the occupationa requirements of the job the impact on the budget, for exampe whether penaty or additiona overtime rates woud be payabe the impact on customer service the physica ayout of the buiding the need for additiona equipment, such as providing a aptop to assist an empoyee to work from home when the arrangements woud start and how ong they woud be needed the accrued entitements of the empoyee, such as persona eave or annua eave whether any ega or other constraints affect the feasibiity of the request, such as occupationa heath and safety aws. Agreeing to a request Empoyers might consider having a tria period for the proposed fexibe work arrangement and scheduing reguar meetings with the empoyee to assess how the new arrangement is working. For exampe, any effect the new work arrangement may have on the empoyee, co-workers and business operations. Refusing a request Empoyers do not have to agree to every request. However, each request shod be seriousy considered. It is not sufficient for an empoyer to refuse a request for fexibe work arrangements simpy because it has not been done before or because it does not fit in with current practice. Whether it is reasonabe for an empoyer to refuse fexibe work arrangements for an empoyee with parenta or carer responsibiities wi depend on consideration of a the circumstances. If an empoyer decides to refuse the request it is good practice to meet with the empoyee and expain the reasons. You can both aso expore other possibe arrangements. Famiy Responsibiities ~ Guideines for Empoyers and Empoyees 9

12 A scenario for empoyers considering a request for fexibe work Victor is unabe to find chidcare on Thursday afternoons. He asks his empoyer if he can work Thursday mornings in the office, ook after his chid at home in the afternoons, and then compete his work once his chid has gone to bed. When responding to this request his empoyer considers: Can Victor s work be conducted from home? If Victor can work from home, wi other empoyees work be directy affected? Wi any of Victor s customers or cients be affected? How much wi it cost the organisation to enabe Victor to work from home? Wi there be a need for additiona equipment such as a aptop? Can the organisation afford this? Are there other aternatives if it is not possibe to et Victor work from home? For exampe, Victor might work an additiona hour four days a week so that on Thursdays he can take the afternoon off as time in ieu. Are there any other reevant considerations such as occupationa heath and safety issues? 10 Buiding equaity in the workpace

13 7. Exampes of best practice responses The foowing exampes iustrate best practice approaches to considering and managing requests from an empoyee to change work arrangements. A practica exampe of how this process can work in an office Fatima is the office manager at Synk Office Services. She works futime five days a week and supervises three other administrative staff. Her primary schoo age son is diagnosed with a medica condition that requires weeky hospita visits. His weeky hospita appointments are on a Monday and Fatima needs to accompany him to the hospita. This means she is unabe to be in the office on Mondays. Fatima currenty meets with her staff on a Monday morning. She aso meets with the company s senior managers on Monday afternoons. In order to attend these meetings, Fatima wi need to request a change of meeting day. She wi aso need to deegate office management responsibiities to other staff when she is not in the office. Fatima notifies Chris, her manager, of her need to attend medica appointments with her son every Monday unti he recovers. She proposes to work part-time four days a week instead of five during this period, and to change the Monday meetings to another day. She aso ets Chris know she has confidence in her staff s abiity to manage the office in her absence on Mondays. Chris recognises that this wi affect the weeky senior management meetings. He considers the impact of Fatima deegating office management responsibiities to her staff and the effect on other senior managers of changing the weeky management meetings to another day. He consuts Fatima s staff about their wiingness to accept administrative responsibiities. He aso discusses the proposed changes with the senior managers, taking into account their meeting schedues and administrative support requirements. Foowing these consutations, Fatima and Chris meet to consider her proposa. Chris asks Fatima to provide her staff with extra training so there wi be no need to contact her on Mondays. They mutuay agree to the new work arrangements and to a review after three months. These new arrangements are put in writing and Chris informs other senior managers and administrative staff of Fatima s changed work arrangements and asks them to et him know if any difficuties arise. Chris and Fatima meet after three months to discuss how the arrangement is working for everyone. The new arrangement aso gives Fatima s staff an opportunity to deveop and broaden their administrative skis. Famiy Responsibiities ~ Guideines for Empoyers and Empoyees 11

14 A practica exampe of how this process can work in a production company Geoff works as a supervisor with Creamy Desserts Pty Ltd, a sma food production company. He works morning and afternoon shifts in weeky rotation with a second supervisor, Gita. Geoff and his wife have a 27-year-od daughter, Louise, who ives aone. When Louise fas off a adder at home, she has to undergo emergency surgery for a serious head injury. Geoff and his wife inform their respective empoyers about what has happened and take a carer eave avaiabe to them so that they can stay with their daughter whie she is in hospita. They keep their managers informed and take their remaining annua eave. They decide that Louise must ive with them whie she needs 24-hour supervision. It is important to Geoff and his wife that they share the care of their daughter. Geoff approaches his manager, Boris, and asks to take a month s eave without pay so that he can care for his daughter and take her to morning hospita appointments. Boris considers Geoff s request. It has aready been difficut for the food production company to cover Geoff s absences because a supervisor is required around the cock. The company had empoyed a temporary shift supervisor through a abour hire agency to cover Geoff s earier absences; however, it is not financiay viabe to extend this arrangement beyond Geoff s period of annua eave. After consideration, Boris decines Geoff s request and expains his reasons. They discuss other options for Geoff to arrange his work to meet his caring responsibiities. Boris approaches Gita, the second supervisor, with a proposa that she work ony the morning shift for a time instead of the weeky rotation. There are no wage differences associated with working the two different shift times. Gita agrees and Geoff works the 3pm to 11pm shift, with a review after two months. These changes are put in writing and co-workers are informed. After two months, Geoff has a meeting with Boris to review his work arrangements. It has become cear that Louise has a permanent disabiity and wi need to remain with her parents for the near future. Care and work arrangements have been working we for Geoff and his famiy so he expresses a wish for the current shift arrangements to continue. Boris discusses this possibiity with Gita, who agrees to the proposa. 12 Buiding equaity in the workpace

15 A practica exampe where a request is considered and then refused Paper Products Pty Ltd manufactures stationery. The factory operates 24 hours, seven days a week. The day shift is from 8am to 4pm. Susan has worked on the day shift as a production ine operator for the past nine years. When Susan s chidren reach schoo age she asks for reduced hours, from 10am to 2pm so that she can drop off and pick up her chidren from schoo. She is unabe to work afternoon or night shifts because she must ook after her chidren. The company considers Susan s request. On the production ine, it is essentia that there is a production operator in Susan s position throughout the eight-hour shift. The company ooks at the feasibiity of spitting the day shift in the way Susan requests and consuts her co-workers on their wiingness to adapt their shifts. However, none is prepared to work 8am to 10am and then 2pm to 4pm to fi the gap. The company aso cacuates that if existing empoyees were utiised on night and afternoon shifts to cover the hours, then overtime rates woud need to be paid. There woud aso be heath and safety concerns about working onger shifts. The company considers whether there are any other positions avaiabe that woud enabe Susan to meet her famiy commitments, however there are none. It aso tries hiring new staff to fi the shifts but an empoyment advertisement generates no interest. Susan and her manager Luisa meet to discuss her request to shorten her shift. Luisa expains the impact of the request on production operations and other options they considered to meet Susan s needs. Luisa asks if Susan has any suggestions to manage her request. Susan does not. Having considered a the issues, Luisa informs Susan that the company cannot meet her request. The company is not obiged to create a new position for Susan. These exampes iustrate best practice approaches to considering and managing requests from an empoyee to change work arrangements. Famiy Responsibiities ~ Guideines for Empoyers and Empoyees 13

16 FAQs for empoyers nq Do I have to change my business operations for empoyees with parenta or carer responsibiities? You are not obiged to restructure your business for empoyees who are parents or carers. You are aso not obiged to agree automaticay to a requests from empoyees to change their work arrangements because of their parenta or carer responsibiities. You need to consider each request separatey, and make a decision based on individua facts and circumstances. It may be hepfu to estabish poicies about how you wi consider requests for fexibe work arrangements and to inform empoyees about the process. nq If I have an ongoing fexibe work arrangement with one empoyee with famiy responsibiities, am I aso required to provide the same arrangement to other empoyees? Each case shoud be assessed individuay. Depending on the circumstances it may be reasonabe to accept one person s request for a changed work arrangement and refuse another person. Expain to empoyees the reasons behind any decisions, and address any concerns about equity in work arrangements. Having a poicy in pace that sets out the decision-making process wi hep empoyees understand the process and guide managers in making fair and consistent decisions. nq Do a my empoyees have an automatic right to return to work on a part-time basis foowing a period of parenta eave? No. A request to change to part-time work shoud be considered in the same way as any other request for changed work arrangements. nq Can both parents seek changes in work arrangements, for exampe foowing the birth of a chid? Both parents may seek to change (temporariy or permanenty) their work arrangements foowing the birth of a chid. There is no requirement for a famiy to nominate a primary caregiver and some parents share caring responsibiities for a chid. The question for empoyers is whether it is reasonabe to refuse the request for changes to work arrangements. The focus shoud be on the nature of the empoyee s parenta or carer responsibiities and on what woud hep fufi those responsibiities. A decision can then be made that takes into account a the facts and circumstances. Exampe Juan Caros is a senior andscape gardener with a arge regiona nursery. When he unexpectedy needed to assist with the care of his terminay i mother, he approached his empoyer with a request for a more fexibe work arrangement. After discussion and consideration, they agreed that he woud work haf time for a period. A work coeague received training to take up some of his andscaping responsibiities. His work team kept Juan Caros informed about deveopments in the workpace. Juan Caros resumed fu-time work foowing his mother s death. Exampe Gary was working as Genera Counse for an IT company when his son was born with disabiities. Gary approached his manager with the idea of a more fexibe arrangement to baance his famiy needs whie continuing to provide in-house ega services. After discussion, a fexibe arrangement was agreed to meet everyone s needs. Gary is now on a fexibe retainer of three days per week. His hours are not set but he is in the office as required (generay no ess than two days per week) and works from home the rest of the time. 14 Buiding equaity in the workpace

17 Exampe Cara is a supervisor in a factory in the northern suburbs of Mebourne where she has worked for 25 years. After her father became anxious and confused with age, Cara and her empoyer met to discuss how she might be abe to provide assistance and continue in empoyment. Foowing discussion and consideration of the avaiabe options, Cara s empoyer instaed a phone and aowed Cara to ca her father during the day. An emergency fexitime system was aso impemented and a substitute supervisor trained up to cover any absences Cara might require to care for her father. Cara is now abe to baance her work with her caring responsibiities and her empoyer has kept a vauabe empoyee. nq How much information about empoyees parenta and carer responsibiities am I entited to ask for? Information about a person s parenta or carer responsibiities and the heath of those they may care for is persona and often sensitive. A best practice approach for a empoyers woud be to ask ony for the information required to hep you make a decision about whether these responsibiities can be met through changed work arrangements. For exampe, an empoyer might have a genuine need to know whether the request is a resut of the empoyee s parenta or carer responsibiities and the nature of those responsibiities, what sort of work arrangements woud hep meet these responsibiities, and for how ong. It is unikey to be either necessary or appropriate to seek further information, such as why an empoyee is caring for another person or the nature of any iness the other person might have. Organisations shoud treat any information they receive about parenta or carer responsibiities as confidentia, and securey store any records of this information. In addition, if you ask empoyees for persona information, do so in a way that is consistent with privacy principes: te them why you are asking for it aow them access to their information te them who wi receive copies of their information. nq Can I verify the nature of the parenta or carer responsibiities that an empoyee may have? Usuay it wi be sufficient for empoyees to inform their empoyers that they have parenta or carer responsibiities and how these needs can be met. In most situations, no further verification woud be necessary. However, if you are concerned that the empoyee may not have the parenta or carer responsibiities they have tod you about, you might consider seeking a written decaration from the empoyee that they have the responsibiities caimed. It may be hepfu to incude advice on when additiona information may be required in your workpace poicies. Famiy Responsibiities ~ Guideines for Empoyers and Empoyees 15

18 nq What about privacy aws? Organisations aso need to be aware of the ega obigations regarding privacy of information. Commonweath and State privacy aws set out minimum standards for how some organisations can coect, use and discose persona and heath-reated information. This coud aso incude persona and heath information of job appicants, empoyees, and contractors. Faiure to propery coect and protect persona information and/or heath information may eave an organisation open to compaints of discrimination and/or privacy compaints. It is aso against the aw under the Equa Opportunity Act to ask another person for information that coud be used as a basis to discriminate against that person, uness the information is reasonaby requested or required for a non-discriminatory purpose. Organisations can find out more about their privacy obigations by contacting their organisation s privacy officers, ega advisers or either the Commonweath or Victorian Privacy Commissioner. nq What happens if the empoyee is not satisfied with the outcome of our discussions? In most cases, changes to work arrangements occur in workpaces through mutua agreement and are therefore acceptabe to both the empoyer and empoyee. Exampe Miranda was working in the pubic service in an administrative roe when her partner Jacinta deveoped Mutipe Scerosis. They have three teenage chidren. Miranda requested fexibe working hours in order to combine reguar in-home care services (mea preparation, ceaning and persona care) with care for Jacinta. After consutation and consideration, Miranda s manager agreed she coud take a onger unch break and eave work eary to prepare the famiy mea. Miranda agreed to work 2.5 hours from home each week day evening using remote access to her office emai account. However if there is no agreement reached, an empoyee who beieves that their empoyer has unreasonaby refused fexibe work arrangements because of parenta or carer responsibiities can make a compaint of discrimination to the Victorian Equa Opportunity & Human Rights Commission. nq What do I do if a person accepts a job offer and ony ater informs me of the need to vary work arrangements? You may not be aware of a person s parenta or carer responsibiities when they start work and responsibiities may change at any time. If you receive a request to change work arrangements from an empoyee with parenta or carer responsibiities, you shoud consider a reevant facts and circumstances. It is aso a good idea to give potentia empoyees fu detais about of particuar job so that they can make informed decisions about their abiity to perform that roe. As we as a job description, you shoud consider providing information about particuar work ocations, any trave requirements, and whether work on pubic hoidays or weekends is a critica component of what is required. 16 Buiding equaity in the workpace

19 Exampe Katrina and Suzie work as graphic designers at a medium-sized advertising company and are both on maternity eave. Katrina is due to return to work in October and Suzie in February the foowing year. Katrina cannot obtain fu-time chidcare unti January and asks their manager Monica if she can extend her maternity eave beyond 12 months. Monica refuses because they have a major project schedued that needs a futime graphic designer from October. However, Monica is aware that Suzie wants a gradua return to work before resuming her fu-time roe in February. Monica suggests that Katrina and Suzie job share for six months starting from October. Through the job share arrangement both Katrina and Suzie are abe to manage work and chidcare responsibiities and their empoyer has the equivaent of a fu-time graphic designer to work on the major project. nq When can compaints be made about this type of discrimination? Compaints about conduct occurring after 1 September 2008 can be made to the Victorian Equa Opportunity & Human Rights Commission. As these guideines were prepared before 1 September 2008, the courts have not yet deat with any compaints under the new provisions. Like a Victorian egisation, these new provisions need to be interpreted in a way that is consistent with the Victorian Charter of Human Rights and Responsibiities. nq Are there exceptions to this type of discrimination? The Equa Opportunity Act incudes some exceptions that mean that discrimination may not be against the aw in particuar cases. The exceptions in the Act are specific and empoyers shoud ook carefuy at the exceptions and the particuar facts and circumstances before reying on them. Even if an exception may appy, this wi not prevent a person making a compaint to the Victorian Equa Opportunity & Human Rights Commission. nq What about other workpace aws? Consider a reevant facts and circumstances when assessing whether modifying work arrangements is reasonabe. This incudes whether granting the request woud interfere with another ega right or obigation. For instance, refusing a request may be reasonabe if granting it woud put you in breach of occupationa heath and safety aws. You may wish to seek ega advice if it appears granting a request may be inconsistent with federa workpace aws. nq Is there anything ese I need to do? Best practice empoyers wi: ensure that equa opportunity poicies and training are updated to incude these changes to the Equa Opportunity Act, to assist consideration of requests for fexibe work arrangements provide training for managers and supervisors to appropriatey respond to requests about changing work arrangements, without discrimination consider the impact of procedures, poicies and practices on staff with parenta or carer responsibiities; for exampe, caing a meeting at 7am when norma working hours start at 9am might prevent empoyees who are parents from attending. Famiy Responsibiities ~ Guideines for Empoyers and Empoyees 17

20 FAQs for empoyees nq Who can seek fexibe work arrangements to meet their parenta or carer responsibiities? Under the Equa Opportunity Act, a person offered empoyment, an empoyee, a contract worker, a person invited to become a partner in a firm, or a partner in a firm wi be abe to request fexibe work arrangements because of their parenta or carer responsibiities but not if you are being paid for providing that care. nq When can I make a request? You can request to change your work arrangements for matters reating to the care and attention of a chid, or of another person (such as a parent, domestic partner, reative or friend) who is totay or substantiay dependent on you for ongoing care and attention. Give your empoyer as much notice as possibe of the need for a change in work arrangements as this can make it easier to meet your request. nq How do I make my empoyer aware of my parenta or carer responsibiities? The Equa Opportunity Act does not require that a request to accommodate famiy responsibiities be made in a particuar way. Discussions with your empoyer regarding your parenta or carer responsibiities may be informa or forma, verba or in writing. You might request a one-off change to work arrangements or the change coud be ongoing. You may wish to consider putting your request in writing, aong with any agreed changes to work arrangements. Be aware of any workpace poicies or practices that are in pace for making requests. nq What can my empoyer ask me? Information about a person s parenta or carer responsibiities and the heath of those they may care for is persona and often sensitive. Exampe Mei is a quaified barista at a sma coffee shop. The shop is open from 7am to 4pm. The peak time for coffee saes is from 7am to 11am and 12.30pm to 2pm. Mei asks her empoyer whether she can start at 9am so that she can care for her son before his babysitter arrives at their home. Mei s empoyer considers her request. If Mei changes her work arrangements there wi be no-one skied enough to make the coffees from 7am to 9am. The cost to train another empoyee to quaify as a barista woud be $20,000 and the annua profit for the business is $180,000. Mei s empoyer cacuates that Mei s request is not financiay viabe. He expains to Mei the reasons for being unabe to meet her request and they discuss other options. Mei suggests that she can train another empoyee to cover the 7am to 9am period. Her empoyer agrees to a tria period reviewed after three months. The amendments do not mean you, as an empoyee, have to discose detaied information about yoursef or your famiy to your empoyer. If you request a change in work arrangements, your empoyer might need to know whether the request is a resut of your parenta or carer responsibiities, what sort of work arrangements woud hep fufi these responsibiities, and the period of time over which you wi need the changed arrangements. Generay, it wi be unnecessary to provide further information, such as why you are caring for another person or the nature of any iness this other person might have. nq What about my privacy? Commonweath and State privacy aws set out minimum standards for how some organisations can coect, use and discose persona and heath-reated information. This incudes persona and heath information of job appicants, empoyees and contractors. 18 Buiding equaity in the workpace

21 Exampe Rajiv works as a spray painter for a arge company on a permanent fu-time basis. When his wife became i, Rajiv became the primary carer for his seven-year-od daughter and three-yearod son. After using a his persona eave entitements, his empoyer asks him how much more time he needs to support his wife and care for his chidren. Rajiv was unsure how ong his wife wi take to recuperate and asks if he coud take a further six weeks of unpaid eave and if a temporary worker can be hired to cover his absence. After consideration and discussion, Rajiv s empoyer agrees to the proposa and they mutuay agree to review the situation after six weeks. Generay, empoyers shoud treat any information they receive about parenta or carer responsibiities as confidentia, and securey store any records of this information. If an empoyer asks for persona information they shoud do so in a way that is consistent with privacy principes, and shoud: te you why they are asking for persona information aow you access to your information te you who wi receive copies of your information. It is aso unawfu under the Equa Opportunity Act to ask another person for information that coud be used as a basis to discriminate against that person, uness the information is reasonaby requested or required for a non-discriminatory purpose. You can find out more about privacy aws or make a compaint about breaches of privacy by contacting either the Commonweath or Victorian Privacy Commissioner. nq When can compaints be made about this type of discrimination? Compaints about conduct that occurred after 1 September 2008 can be made to the Victorian Equa Opportunity & Human Rights Commission. A person wi not have to prove direct or indirect discrimination (as defined in the Equa Opportunity Act) to make a compaint. These guideines were prepared before 1 September 2008, meaning that the courts had not yet deat with any compaints under the new provisions. Like a Victorian egisation, these new provisions need to be interpreted in a way that is consistent with the Victorian Charter of Human Rights and Responsibiities. nq What is required for me to make a compaint? If you beieve your empoyer has unreasonaby refused to accommodate your parenta or carer responsibiities, you may wish to consider odging a compaint with the Victorian Equa Opportunity & Human Rights Commission. Aternativey, you may wish to be part of a representative compaint. Victoria s equa opportunity aws aow for a person or representative body to odge a compaint with the Commission on behaf of a named person or peope who beieve they have been discriminated. A representative must be either a person with the same compaint or an organisation with sufficient interest in the compaint. More information about making a compaint and the Commission s compaint-handing processes can be accessed on the Commission s website or by caing the Commission s enquiry ine on (03) nq Are there exceptions to this type of discrimination? The Equa Opportunity Act incudes some exceptions that mean that discrimination may not be against the aw in particuar circumstances. However, even if an exception may appy, this wi not prevent you making a compaint to the Victorian Equa Opportunity & Human Rights Commission (but it may affect the outcome of your compaint). Famiy Responsibiities ~ Guideines for Empoyers and Empoyees 19

22 Ready Reference Guide For empoyers For empoyees You are not obiged to agree automaticay to a requests from empoyees for changes to their work arrangements. Consider requests individuay as each wi have different facts and circumstances. What may work in one situation may not work in another. Consider the request and any other options that might be suitabe to the organisation and the empoyee when considering whether it is reasonabe to refuse a request to change work arrangements. Factors you might consider when assessing the impact of a request incude: - the nature of the empoyee s work and parenta or carer responsibiities - the workoad of other empoyees - genuine occupationa requirements of the job - impact on customer service - costs, for exampe additiona penaty rates or overtime - the provision of equipment, such as a aptop - the consequences of refusing the request. Consider the consequences for the empoyee if you do not change work arrangements. Consider a tria period for the proposed fexibe work arrangement and schedue reguar meetings with the empoyee to assess how the new arrangement is working. Be considerate and fair in responding to requests. Ask ony for the minimum of persona or heath information required for a decision. Information you receive from an empoyee shoud be stored securey and kept confidentia. There is no particuar way that you must make a request for fexibe work arrangements because of your parenta or carer responsibiities. Discussions with your empoyer regarding these responsibiities may be informa or forma, verba or in writing. However, you may wish to consider putting your request in writing, aong with any agreed changes to work arrangements. Be aware of any workpace poicies or practices that wi assist with deveoping your request. Try to give your empoyer penty of notice of your need to change work arrangements. Give your empoyer more than one option if possibe and consider how these options may change workfow, and any impact they may have on team members. You do not have to discose to your empoyer any information about yoursef or your famiy that is not reevant to your specific request. However, if you request a change in work arrangements, your empoyer might need to know whether the request is a resut of your parenta or carer responsibiities, what sort of work arrangements woud fufi these responsibiities, and for how ong you need the change to your work arrangements. It wi not usuay be necessary to provide further information, such as why you are caring for another person or the nature of any iness the person you are caring for might have. Your request to change work arrangements shoud be in good faith. Your empoyer shoud store securey and keep confidentia any information you provide. 20 Buiding equaity in the workpace

23 Resources and contact detais Victorian Equa Opportunity & Human Rights Commission Leve 3, 380 Lonsdae St, Mebourne 3000 Advice Line Teephone Fax TTY Interpreters To Free (country caers) Emai Website Industria Reations Victoria For more information on how to make workpaces more famiy-friendy visit Victorian Privacy Commissioner The key body in a system reguating the way Victorian government agencies and oca councis coect and hande persona information. Leve 11, Queen Street. Mebourne Victoria 3000 GPO Box 5057, Mebourne Victoria 3001 Teephone Fax Emai enquiries@privacy.vic.gov.au Website Federa Privacy Commissioner This is an independent office that has responsibiities under the federa Privacy Act 1988 (Cwth). GPO Box 5218, Sydney NSW 2001 Teephone Fax TTY Interpreters Emai privacy@privacy.gov.au Website JobWatch A teephone advice service providing advice and / or referras for empoyees about empoyment aw or industria reation probems. Teephone (Mebourne caers) (Country Victorian caers)

24 3/380 Lonsdae Street Mebourne Victoria 3000 Advice Line: (03) Phone: (03) Fax: (03) TTY: (03) To Free: (country caers) Interpreters: (03) Emai: Website: