Making a Flexible Work Arrangement Work for Your Company

Jennifer LeahyBy: Jennifer Leahy
November 4th, 2011


They’re popular with employees and can be a huge asset to managers.

Data compiled by the Georgetown University Law Center in the Workplace Flexibility 2010 study found that 80 percent of workers say they would like to have flexible work options and would utilize them if there were no negative repercussions. The study found that employers who offer such scenarios typically have better workforce recruitment, morale, production and retention.

But flexible work arrangements – when an employee is given greater scheduling freedom – have their own set of problems.

The proper implementation of such programs is critical for the success of both the employer and employee. As with any new program or policy there will be a period of adjustment as workers and managers become accustomed to their new roles. But planning and foresight can eliminate potential problems.

Whether the employee will work a compressed work week, work part-time, job share, or have flex time, the flexible work arrangement should be carefully laid out.

There are several steps in successfully implementing flexible work arrangements.

First, conduct a meeting with the employee and manager and establish what core hours the employer will be present in the office. Draft a document that specifically outlines the hours and proposed schedule, where the flexibility will occur and what hours will be fixed. Both the employee and manager should sign the document and a copy should be placed in the employee’s file. The document should contain a clause that states the arrangement may be revoked at any time.

Employers must be clear about expectations and also be certain to let workers know that they are not responsible for responding to e-mails and phone calls outside of their work hours. Not doing so can create a potential overtime violation and grievance with the Fair Labor Standards Act (FLSA).

It’s also crucial that all involved discuss and plan for how information will be shared amid workers. Some managers find that regular, scheduled meetings ensure that there is no breakdown in communication. Others use digital shared files as the major means of keeping all workers informed.

Employers must also research the legal implications that implementing a flexible work arrangement may have. Managers who create a “disparate impact” with regard to policies, practices, rules, or other systems that appear to be neutral, can cause a disproportionate impact on protected groups, according to recommendations by the Society for Human Resource Management (SHRM).

Flexible work arrangements cannot just be offered to older employees, for example, but to all eligible employees regardless of age, disability, national origin, pregnancy, race/color, religion or sex.

State and federal laws can influence Workers’ Compensation claims, wage and hour violation claims. Employers should ascertain what impact, if any, a flexible work arrangement will have on potential liability.

“You always want to reach out to your employment counsel to double check your decisions,” says human resources strategist Anthony L. Onesto.

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 Tags:   flexible hours, flexible scheduling, flextime, full-time, job sharing, Paid Time Off, part-time, telecommuting, ...
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