Workplace Flexibility 2010, Georgetown University Law Center

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Georgetown University Law CenterScholarship @ GEORGETOWN LAW2006Comparative Chart of “Right-to-Ask” Laws in theU.S. and AbroadWorkplace Flexibility 2010, Georgetown University Law CenterThis paper can be downloaded free of charge from:http://scholarship.law.georgetown.edu/regulations/22This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author.Follow this and additional works at: http://scholarship.law.georgetown.edu/regulationsPart of the Foreign Law Commons, Labor and Employment Law Commons, Labor Relations Commons, and the Public Policy Commons Comparative Chart of “Right-to-Ask” Laws in the U.S. and Abroad Workplace Flexibility 2010 Spring 2006            www.workplaceflexibility2010.org  UNITED KINGDOM TITLE VII ADA NEW SOUTH WALES NETHERLANDS GERMANY RIGHT PROVIDED Right of parents to request flexible work hours (Right to change number of hours, timing of hours, work from home) Right to reasonable accommodations for religious practices (including voluntary “swaps,” flexible schedules, lateral transfer or change of assignment) Right to reasonable accommodations for disabilities  (including flexible schedules, part-time work, and telecommuting) Right to have reasonable accommodations made (including flexible hours, work-from-home, part-time, and job-share) Right to reduce or extend hours Right to reduce hours COVERED EMPLOYERS All 15 or more employees 15 or more employees More than 5 employees (excluding domestic workplaces) 10 or more employees 15 or more employees ELIGIBLE EMPLOYEES Employee: (1) has a child younger than age 6 yrs (or younger than 18 yrs if child is disabled); (2) is continuously employed for 26 wks; (3) is the mother, father, domestic partner of mother or father, legal guardian (or married to same) of the child; and (4) has responsibility for child’s upbringing and is making the request in order to care for the child  All employees  (defined as “an individual employed by an employer”) “Qualified individuals with disabilities"  (has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment – and is able to perform the essential functions of the job, with or without reasonable accommodation)  Employee who is responsible to care for or support: any child or step child (whether or not under age 18) if child is wholly or substantially dependent on employee or in need of care or support; or any child or adult in need of care or support if employee is guardian or has parental responsibility; or any immediate family member in need of care or support, including spouse, grandchild, parent, brother or sister (and including step-relatives, relatives of employee’s spouse, half-siblings, relatives by adoption, and relatives by de facto relationship)  Worked for employer for 12 mos. prior to request Worked for employer for 6 mos. prior to request FORM OF  REQUEST In writing (must include requested change, proposed effective date, relationship to child, prediction of effect of change on employer and how such effect might be handled)  Not specified in law Request by employee (does not have to be in writing); “Interactive Process” (employer and employee should engage in an informal and good faith search for a reasonable accommodation) Not specified in law In writing (including intended # of hrs/week, distribution of hrs over week, date to take effect) No explicit writing requirement, but it is presumed TIMING OF REQUEST  Must be made at least 14 days before child’s 6th birthday (or 18th birthday in the case of a disabled child); employee limited to making one request every 12 months Not specified in law Not specified in law Not specified in law 4 mos. in advance (limited to one request every 24 mos.) 3 mos. in advance (limited to one request every 24 mos.) TIME ALLOWED FOR EMPLOYER’S RESPONSE Employer must meet to discuss employee’s application within 28 days and must respond to request within 14 days of that meeting Not specified in law An employer should respond expeditiously;  “unnecessary delays” can result in a violation of the ADA Not specified in law At least 1 mo. prior to proposed start date At least 1 mo. prior to proposed start date STANDARD FOR DENIAL One of the enumerated  “business justifications” “Undue hardship” (anything more than a “de minimis” loss in wages or efficiency) Not “reasonable” (court created interpretation); “undue hardship” (“significant difficulty or expense”) Not “reasonable” under the circumstances (court created standard); “unjustifiable hardship” “Serious business reasons” “Business reasons”  

Comparative Chart of “Right-to-Ask” Laws in the U.S. and Abroad

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Comparative Chart of “Right-to-Ask” Laws in the U.S. and Abroad

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