Working Families Flexibility Act Reintroduced in House and Senate

On February 29, 2012 Rep. Carolyn Maloney (D-NY) and Sen. Bob Casey (D-PA) reintroduced the Working Families Flexibility Act (H.R. 4106, S. 2142), a bill that would provide employees with a statutory right to request flexible work terms and conditions.

Specifically, this legislation would authorize an employee to request from an employer a change in the terms or conditions of the employee’s employment if the request relates to: (1) the number of hours the employee is required to work; (2) the times when the employee is required to work or be on call for work; (3) where the employee is required to work; or (4) the amount of notification the employee receives of work schedule assignments. Upon receiving a request, an employer would be required to hold a meeting with the employee to discuss his or her application and provide a written decision regarding the application “within a reasonable period” after the meeting. If the application is rejected, the employer would be required to provide a reason for the denial. The employer would be permitted to propose an alternative change to the employee’s hours, times, place, and amount of notification of schedule assignments. If the employee is dissatisfied with this proposal and has another supervisor, the employee would have the right to have the other supervisor reconsider the alternate schedule.

To be eligible to take advantage of the terms of this bill, an employee would have to work an average of at least 20 hours per week, or at least 1,000 hours per year. Employers with fewer than 15 employees would be exempt.

The measure prohibits employers from discriminating or otherwise retaliating against employees who avail themselves of this process.

Rep. Maloney and Sen. Casey have introduced modified versions of this bill in both the 110th and 111th Congresses, although no significant action was taken on either measure. While the latest version of the bill imposes fewer demands on employers than did the prior drafts, neither the House nor Senate bill is expected to advance during this election year.

Photo credit: porcorex

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.