HR Policy The University of Auckland Flexible Work Policy Purpose The Policy confirms the University’s commitment to supporting flexible work arrangements for employees who have carer responsibilities under the provisions of Part 6AA of the Employment Relations Act 2000, and also for employees who require flexible work opportunities for a variety of other reasons, including further study and career development. Policy The University of Auckland is committed to enhancing recruitment and retention, providing an excellent working environment, and increasing employee engagement and productivity through: Supporting a balance between work, family and personal life. Providing flexible employment practices and conditions which support a balance between work, life and family needs. Accommodating the reasonable requirements of staff members’ work, life and family responsibilities, wherever practicable. Definition Flexible work arrangements include, but are not limited to: Part-time work Changes to hours of work Leave without pay Partial retirement Reduced responsibilities Working from other places Job sharing. Audience All staff on fixed term or permanent employment agreements. Relevant Legislation Employment Relations Act 2000 Human Rights Act 1993 State Sector Act 1988 Legal Compliance Part 6AA of the Employment Relations Act 2000 provides certain employees with the ‘right to request’ flexible working arrangements. Employers have a legal obligation to consider carefully an employee’s request. The University of Auckland - Document reference: Prepared by: PVC (Equity) Owned by: Deputy Director, HR Advisory Last reviewed: June 2012 Flexible Work Policy Approved by: The Vice-Chancellor Approval date: June 2012 Review date: July 2015 1 Related Procedures Employees are entitled to request flexible working arrangements. If the request is related to carer responsibilities it may be covered by Part 6AA of The Employment Relations Act 2000. This will apply if an employee has: the care of a person (not necessarily a family member) been employed with their employer for six months or more not made another request under Part 6AA in the last 12 months. Under University policy (and the Employment Relations Act 2000) employees are also entitled to request flexible working arrangements for other reasons such as to engage in part-time study, career development, phased retirement or for work-life balance. The request may entail an alteration to a current job description, or a more minor or temporary variation within usual hours of employment (such as over school holidays). Process 1) The employee should clarify what their needs are and consider solutions. 2) Staff are encouraged to engage in discussions with their line manager at an early stage. The University of Auckland Flexible Work Policy Application Form (HR-54) is available to assist in this discussion (if appropriate they may also use the application form on the Ministry of Business, Innovation and Employment (Labour) website http://www.dol.govt.nz/er/bestpractice/worklife/flexibleworkguide/index.asp.) 3) The employee and their HoD/manager may wish to consult with other people such as: • Human Resources (HR) Department; Director Staff Equity ; • Other staff who have made changes in their work arrangements; Other managers who have had relevant experience in accommodating flexible work arrangements; Colleagues who may be affected; • The employee may need to check the likely impact of changes on matters such as superannuation and long service leave entitlements. 4) The HoD/manager will consider carefully each request for flexible work arrangements on its own merits and endeavour to accommodate needs. Minor and temporary requests may be approved by a supervisor but more significant alterations may require approval of the HoD/manager and Dean/Director. 5) A request under Part 6AA of The Employment Relations Amendment Act 2000 can only be declined on one or more of the following recognised business grounds, or if it conflicts with a collective agreement. Recognised business grounds are: Inability to reorganise work among existing staff Inability to recruit additional staff Detrimental impact on quality Detrimental impact on performance Insufficiency of work during the period the employee proposes to work Planned structural changes Burden of additional cost Detrimental effect on ability to meet customer demand. Managers should consult with HR if they intend to decline an application. The University of Auckland - Document reference: Prepared by: PVC (Equity) Owned by: Deputy Director, HR Advisory Last reviewed: June 2012 Flexible Work Policy Approved by: The Vice-Chancellor Approval date: June 2012 Review date: July 2015 2 6) Employees should be aware that once a request is approved, it cannot be changed without the agreement of the parties involved. 7) Requests that are not made under Part 6AA should also take business grounds into account. However, if the reasons for seeking flexible work are broader than carer responsibilities there may be additional issues to consider. For example, if an employee requires flexible work arrangements in order to work part-time for another organisation, ‘conflict of interest’ may need to be taken into account. 8) The HoD/manager will notify the employee of their response to the request for flexible work. If the request is declined alternative arrangements may be suggested. These could include re-submitting the application at a later date when it could be accommodated more easily. 9) If the employee is not satisfied with the outcome of a request they are entitled to appeal the decision. The appeal should be in writing to the manager of the person who made the decision. Related Documents The University of Auckland Flexible Work Policy Application Form (for arrangements not subject to 6AA). Ministry of Business, Innovation and Employment (Labour) website Fact Sheets and Form A: Request for Flexible Working Arrangements The University The University The University The University Policy The University of of of of Auckland Auckland Auckland Auckland Equity Policy Academic Timetabling Policy Work, Life Family and Carers Policy Ceasing Employment: Retirement and Phased Retirement of Auckland Merit Relative to Opportunity Policy Prepared by: Owned by: Approved by: Date approved: Review Date: Past Review dates: Pro Vice-Chancellor (Equity) Pro Vice-Chancellor (Equity) Vice-Chancellor July 2015 July 2012 The University of Auckland - Document reference: Prepared by: PVC (Equity) Owned by: Deputy Director, HR Advisory Last reviewed: June 2012 Flexible Work Policy Approved by: The Vice-Chancellor Approval date: June 2012 Review date: July 2015 3
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