Superseded by: OD: 0601/15 May 2015

Transcription

1 Government of Western Australia Department of Health OPERATIONAL DIRECTIVE Enquiries to: Human Resources Branch Number: OD 0238/09 Date: 27/11/2009 Supersedes: OD 0011/06, OP 0830/96 File No: RSD Subject: WA Health Workplace Flexible Work Arrangements Policy The WA Health Flexible Work Arrangements Policy has been developed in consultation with key stakeholders across Health. The policy was developed in accordance with the WA Health Workforce Policy Development Framework. WA Health is committed to providing a positive environment with a reputation as an Employer of Choice. To achieve this, WA Health promotes flexible and responsive work arrangements that assist its employees to balance their work and other life responsibilities. The implementation of flexible work arrangements is designed to contribute to the well-being of both the organisation and its staff. The policy applies to all persons employed within WA Health, which incorporates the following entities: Department of Health Metropolitan Health Services Peel Health Service WA Country Health Service This is a system wide policy and supersedes all existing policies directly related to flexible work practices and work life balance in WA Health. It is the responsibility of managers to ensure that all employees have access to a copy of this policy. A copy of the policy can be accessed via Holii at Dr Peter Flett DIRECTOR GENERAL DEPARTMENT OF HEALTH 1

2 Scope Flexible Work Arrangements Policy This policy applies to all persons employed within WA Health, which incorporates the following entities: Department of Health Metropolitan Health Services Peel Health Service WA Country Health Service. This policy will also apply to any other entities that become part of WA Health while this policy is current. This is a system wide policy and supersedes all previous policies and guidelines directly related to flexible work practices and work life balance in WA Health. Policy Statement WA Health is committed to providing a positive environment with a reputation as an Employer of Choice. To achieve this, WA Health promotes flexible and responsive work arrangements that assist its employees to balance their work and other life responsibilities. WA Health recognises that flexible work arrangements can play a key role in increasing staff retention, reducing absenteeism, improving productivity and raising staff morale as well as being an essential strategy in attracting new staff and graduates. While the value of flexible work practices is clearly acknowledged, WA Health s responsibility for providing a quality health service to the community is paramount. As such, service delivery needs take priority when arranging flexible work arrangements. A collaborative and cooperative approach between managers and employees in regard to flexible work arrangements will enable the operational requirements of the organisation and the needs of employees to be met. In accordance with the spirit of the Equal Opportunity Act 1984 and the WA Health Strategic Intent , employees who request flexible work arrangements to help achieve work life balance will be treated reasonably, fairly and transparently and without disadvantage. Printed copies can only be valid at the time of printing. Page 1 of 7

3 Principles 1. Managers and supervisors should assist interested employees to access flexible work arrangements which do not compromise service provision. This involves identifying flexible work options that meet both the needs of employees and the work unit. Flexible work arrangements are available for all staff. Managers should: ensure that employees are aware of their flexible work options be active in promoting options where appropriate give prompt consideration to requests be fair and balanced in decision making assess individual cases on their merits comply with the requirements of the appropriate industrial agreement ensure that flexible work arrangements do not impinge on organisational outcomes, staff or patient safety. 2. The suitability of flexible work arrangements is dependent upon several factors including the operational requirements of the work unit, the type of work an employee does, and the employee s circumstances. Flexible work arrangements should not involve disruption to the workplace. In particular, potential implications for client service/patient care require careful consideration by both parties. Employees on a flexible work arrangement must follow usual accountability processes (e.g. completing timesheets). Employees should check the industrial agreement that applies to them for information regarding their specific entitlements and seek advice in this area from their local human resources department as required. A request for a flexible work arrangement not explicitly provided for in an industrial agreement should be referred to the Health Industrial Relations Service for advice on or industrial.relations@health.wa.gov.au. 3. Managers and employees may explore a range of flexible work arrangements including but not limited to: flexible working hours part time work job sharing telecommuting lactation breaks phased retirement cultural/religious commitments e.g. prayer breaks. Employees may also access a variety of leave arrangements in accordance with their award and/or industrial agreement to enable a suitable balance between their work and life responsibilities. These include: Printed copies can only be valid at the time of printing. Page 2 of 7

4 personal leave purchased leave parental leave deferred salary scheme cultural/ceremonial leave study leave. 4. All requests for flexible work arrangements must be made in writing and include details of the change sought and the reasons for the change. An application form to assist with this process is provided at Attachment The principles of fairness, equity, and natural justice shall apply to all decisions made about implementing flexible work arrangements. All requests for flexible work arrangements are to be assessed by managers in a fair and timely manner in consultation with the employee. Decisions should: take into account organisational (e.g. type of role, tasks) and employee needs not compromise the quality of service delivery to the community be made in accordance with the employee s specific employment conditions provided in their industrial agreement be made on a case by case basis, taking into account all relevant circumstances not disadvantage any other employee be justifiable and open to scrutiny. 6. Managers must give a written response to a request for a flexible work arrangement within 21 days, stating whether the request has been granted or denied. Response forms to assist managers with this process are provided at Attachment 2. If the employer refuses the request, the written response must include details of the reasons for the refusal. Although managers will respond to staff requests for flexible arrangements within 21 days, employees should be aware that any subsequent changes may take longer to implement. 7. All parties should make every effort to reach a positive outcome. Where negotiation is required, local human resource departments will provide assistance and should be advised at the beginning of the process. Flexible working arrangements must be renegotiated if an employee moves to another position. Printed copies can only be valid at the time of printing. Page 3 of 7

5 8. After a flexible work arrangement has been agreed, decisions should be documented in the form of an agreement between the manager and the employee. The agreement should include the agreed hours and an outline of the role and responsibilities of the employee under the flexible work arrangement. The manager and employee must confirm in the agreement that service delivery needs take precedence. The agreement should be signed and dated by both the manager and employee and a copy retained by each party. The manager should store the original agreement in a secure location in accordance with local record keeping procedures. An agreement proforma is provided at Attachment Flexible work arrangements should be reviewed every 6 months or earlier if the circumstances for one or both parties changes. 10. Grievance resolution processes at the local health site are available to assist: any employee who has made a request for a flexible work arrangement and is concerned about the fairness or propriety of the process or application of this policy any employee who feels disadvantaged because of another employee s flexible work arrangement. 11. Flexible work arrangements should not adversely affect an employee s career or professional development opportunities. For example, an employee engaged in flexible working arrangement should not be disadvantaged when applying for promotional or professional development opportunities. Definitions Flexible Work Arrangement Any one of the range of work structures that alters the time and/or place to enable work to get done on a regular basis. The purpose of a flexible work arrangement is to meet the needs of the employee balanced with the needs of the organisation. Job Share A voluntary arrangement in which two people share one full time job, each working part-time on a regular ongoing basis. Deferred Salary Scheme Is a 5 year scheme, during which an employee works for 4 years at 80% of their salary and on completion of the fourth year is entitled to 12 months paid leave. Lactation Break A paid break time for employees for the purpose of breastfeeding or expressing milk for their infant children. Printed copies can only be valid at the time of printing. Page 4 of 7

6 Natural Justice and Procedural Fairness Natural justice is about the concept of fairness, which can be described as justice should be done and be seen to be done. In procedural terms, a decision maker should not only act in good faith and without bias, but should also grant a hearing to any person whose interests will be affected by the exercise of that decision before the decision is made. There are two primary rules underlying the concept of natural justice: A person whose interests will be affected by the decision should be given a hearing before that decision is made. The decision maker must be unbiased. The rules of fair play in procedural fairness are: Decision makers must act fairly and without bias; A person should not be judge in his/her own case; All parties to the matter should have the opportunity to have their case and all relevant arguments considered before a decision is made; All persons need to be informed of the basis of a decision, where that decision affects them. Part-Time Work Regular ongoing employment at less than the standard full time hours. Purchased Leave Additional leave purchased by setting aside a portion of salary to facilitate payment during the time the leave is taken. Work Life Balance The balance between the demands of the employee s work and personal life. Supporting Documents WA Health Grievance Resolution Policy WA Health Phased Retirement Policy and Guidelines WA Health Telecommuting Policy WA Health Workplace Breastfeeding Policy Local health site grievance resolution processes. Relevant industrial awards and agreements ( For WA Health system wide policies go to: Printed copies can only be valid at the time of printing. Page 5 of 7

7 Relevant Legislation Legislation is state based unless otherwise stated. Public Sector Management Act 1994 Industrial Relations Act (WA) 1979 Minimum Conditions Employment Act 1993 (Amended) Equal Opportunity Act 1984 Occupational Safety and Health Act 1984 For relevant legislation, go to: ew&count=600&restricttocategory=a Related Documents and Websites Government of Western Australia, Department of Commerce, Labour Relations, Work Life Balance Website ce/index.htm WA Health Equity & Diversity Plan Authority Endorsed by: Director General on 4 November 2009 Review Date: 4 November 2011 Accessing Policies Primary Contact: This document has been developed in accordance with the WA Health Workforce Policy Development Framework. This policy remains effective until a subsequent version is endorsed by the Director General. Document Title: Flexible Work Arrangements Policy V1.0 File path: S:\HWD\Policy & Planning\Policies\Flexible Work Practices via the Whole of Health Holii Policies link at: Branch: Workforce Policy and Planning Directorate: Development Division Phone: policyofficer@health.wa.gov.au Printed copies can only be valid at the time of printing. Page 6 of 7

8 Please Note: The links in this document are provided as a service. Links to documents can be volatile. If the link is broken you may need to search for the document. This information is available in alternative formats upon a request. Printed copies can only be valid at the time of printing. Page 7 of 7

9 Attachment 1: Flexible Work Arrangements Policy Application for a Flexible Work Arrangement All flexible working arrangements are underpinned by the WA Health Flexible Work Arrangements Policy which is provided at This form was created to assist you in applying for flexible working arrangements and to facilitate the appropriate documentation of any such arrangements. Before filling out the form you may like to read the Checklist for Employees: How to make a request for flexible work arrangements at the end of this document. You may need to take advice on how your request could affect your pay, taxation, superannuation, leave provisions and other entitlements. While WA Health is committed to accommodating flexible working arrangement requests, compromise may be required if your manager is unable to agree to your request (in part or full) on operational grounds. Reasons for not agreeing to your request may include negative impact on clients/patients, or your colleagues and/or cost implications. Your request will be considered on the basis of its potential impact and not your level of seniority. If you are seeking flexible working arrangements you are encouraged to discuss them with your manager/s. Should you be unhappy with the outcome of your request, please contact your Human Resources branch. Please Complete All Sections of the Application Form Name (please use full name): HE Number: Payroll Number: H E Position Title: Division/Branch:

10 Which of the following options would assist you to balance your personal and work life? Tick the boxes. Reduce the number of hours I work each day Reduce the number of days I work each fortnight Work compressed hours (more hours over few shifts on a regular basis) Reconfigure my part-time hours (includes reducing, maintaining or increasing total hours worked) Change my rostered shifts Reduce my overall workload Job-share with someone (if you have a job-share partner in mind, please give details below) Take flexi leave Step down from a managerial or supervisory role to another role Purchase additional leave 4/5 deferred salary scheme (work 4 years at 80% of your salary & take the 5 th year as leave paid at 80% salary) Telecommute/Work from home Another flexible working arrangement not listed here I am requesting a: Permanent change in my working arrangements Temporary change in my working arrangements Details of my request for flexible work arrangements (be specific): If this request is approved, I will meet all my work obligations (for example, covering my workload, supervisory responsibilities, attending meetings, participating in working groups, inducting or mentoring less experienced staff) by I have requested advice about how this request might impact on my pay, taxation, superannuation, leave provisions and other entitlements. Yes No No impact anticipated Page 2 of 3

11 I understand that certain changes to work practices may require a change of my work contract. Yes No No impact anticipated When this request is processed, I would like the following circumstances to be taken into consideration: (e.g. caring for relatives; child care responsibilities) I agree that if my flexible work arrangement is approved, my manager has the right to request for me to change to another working arrangement, even if temporarily, to meet special conditions or unforeseen circumstances. Employee Name Signature Date Page 3 of 3

12 Attachment 2: Flexible Work Arrangements Policy Responding to a Request for a Flexible Work Arrangement Flexible Work Arrangement Manager Response - Request Approved 1. The request for a flexible work arrangement received from (name of employee) on (date) has been approved as a trial arrangement. (Tick) Start Date: Review Date: End Date: 1.1. Is there a foreseeable event or circumstance that would require the trial of this arrangement to cease? 2. This request has been approved as a permanent arrangement (details to be reviewed every 6 months). (Tick) Start Date: Review Date: 3. A flexible work arrangement agreement is available for signing on (date) (see Agreement proforma at the end of this document). Manager Name Signature Date

13 Flexible Work Arrangement Manager Response - Request Denied 1. The flexible work arrangement requested by (name of employee) on (date) has been denied. (Tick) 2. The reasons for denying this request are outlined below. 3. The outcome was discussed with the employee on (date). 4. A copy of this response was given to the employee on (date). Manager Name Signature Date