Working parents not only ones in need of flexibility from employers

Employers should have a formal policy around flexible working options like staggered hours, late starts and early finishes, says HR expert

Moira Grassick, managing director at Peninsula Ireland, specialist employment law consultancy.

With primary and secondary students heading back to school, employers should have a formal policy around flexible working options like staggered hours, late starts and early finishes.

Moira Grassick, COO at Peninsula Ireland, the specialist HR, employment law, and Health & Safety consultancy, advises employers that the are several ways that employers can support their staff in striking a balance between parenting duties and working life. 

“Between drop-offs and pick-ups, after-school clubs, and supporting children through any issues they may be having at school, working parents and guardians have a lot to juggle throughout the school year," Moira said.

“This can bring up a few tricky HR situations in the workplace. What if several employees ask for annual leave during the midterm break? Or request to work flexible hours so they can drop their children off or pick them up from school? Essentially, how can employers protect their workers without negatively impacting the running of their business?" 

Offering working parents flexibility around the return to school does, of course, make an employer more attractive to this group of employees.

Peninsula Ireland, however, also advises employers to take care that they’re treating all staff with the same level of flexibility and support, regardless of whether they have children or not.

In this Q&A interview, Moira Grassick explains that decisions around flexibility are entirely in the hands of the employer. Every business will have its own approach to term-time working, so it's critical that employers include a robust absence policy in their employee handbooks.

How best can employers support working parents and guardians as children return to school?

Between drop-offs, pickups, and new routines, the back-to-school period can be tough for parents and guardians, particularly if their children are having any issues at school or struggling to settle into a new class.

There are several ways that employers can support their staff in finding that balance between parenting duties and working life but, for the most part, this support will come in the form of flexible working options. Introducing a flexible working policy allows employees to fulfil their duties at work while simultaneously working around their child's schedule and needs.

Depending on the business model that’s in place, and the specific policies laid out in the employee handbook, employers may choose to offer either remote-working, compressed hours, staggered hours, late start times in the morning, or early finish times in the afternoon. Some employers may also offer a term-time contract, which would require the employee to work exclusively during the school term.

Should employers formalise flexibility for parents, or keep a 'nice to do' informal approach?

As with any workplace policy or staff entitlement, flexible working policies should always be formalised. An informal approach can be risky, as it may lead to inconsistencies, employee disputes, or even a discrimination claim.

If, for example, an employer has a casual agreement with one of their employees which allows them to start work an hour and drop their children off at school, what does this mean for other employees in the business? Are they also entitled to later start times? What process must they go through to request these start times? Can they choose to start work an hour later on an ad-hoc basis?

At the end of the day, the answers to these questions are entirely in the hands of the employer. Every business will have its own approach to flexible working, so it's critical that employers include a robust absence policy in their employee handbooks. Without implementing a formal policy, business owners could find themselves in a legally complex situation. Long-standing, informal agreements may become custom and practice over time, leaving both the employee and the employer with unanswered questions around their rights and obligations.

It's also important to consider the Code of Practice on the Right to Request Flexible Working. While this does not automatically grant employees the right to flexible working, it does grant them the right to request such arrangements. Employers must take all requests under consideration and respond within a specific time frame.

Are there benefits for employers going beyond their legal requirements in this area?

Absolutely. In a strong employment market, many employers are focused on attracting and retaining staff. Over the past few years, work-life balance has become a priority for employees in Ireland, and businesses have been offering remote, hybrid, and flexible working as a retention tool and staff perk.

While these working models are not always possible, particularly in industries such as retail, hospitality, and care services, those who can offer flexible working options will likely see a positive uptick in retention and overall employee satisfaction.

As well as retention and recruitment, supporting your employees in striking a healthy work-life balance is good for business. Happy employees are focused, enthusiastic, and more productive. Providing support for working parents, and well as for those without children, is beneficial for all parties.

Can segmented flexibility create potential favouritism issues for an employer?

It's vital to ensure that any flexible or remote working policies apply to all employees, regardless of whether they have school-going children or not.

Supporting working parents and guardians is important, but this support should not be limited to just one group of employees. Failure to treat staff in a fair and consistent manner could lead to complaints, poor morale, and tension between staff.

This is a topic that often arises at Christmas, for example. Parents may ask for priority when requesting time off to spend with their children, but those without children are also entitled to time off with family and friends. In this case, it's important to have clear annual leave policies with fair and consistent guidance for both employers and employees, such as a 'first-come-first-served' policy.

This isn’t just a case of potential favouritism, there are also legal implications to providing parents or legal guardians with flexible working options, while denying similar arrangements to those without children. The business could face a Workplace Relations Commission (WRC) claim for discrimination, resulting in serious legal, financial, and reputational damage for the organisation. This approach should apply to all workplace policies across the business, from annual leave and working hours to conduct and flexible working.

Employers should absolutely strive to provide support for working parents and guardians. Just be careful that you’re treating all staff with the same level of flexibility and support, regardless of their family status.