In workplaces where the team works together in the office, a request from an employee for work-from-home (WFH) arrangements may be unwelcome. However, what does employment law say about it?

If employees meet specific criteria, they do have the right to request flexible work arrangements, including WFH.

Eligibility includes:

• Parents or carers of school-aged or younger children
• Carers for individuals with disabilities or specific needs
• Employees aged 55 or older
• Those with specific medical circumstances
• Victims of family/domestic violence

To make a formal request, employees must have worked for their employer for at least 12 months and submit their request in writing. The employer is legally obligated to seriously consider it and can deny the request only on “reasonable business grounds”.

Can an employer deny the request?

Australian employment law grants employers the right to issue “lawful and reasonable” directions, which could include mandating working in the office. This means that in most cases, employers can require employees to work on-site unless:

• Contractual Exceptions: An employment contract might guarantee remote work or offer WFH flexibility under certain conditions. If your employees have such a contract, you will be obligated to honour its terms.
• Health and Wellbeing Concerns: If employees have a disability, medical condition, or significant caregiving responsibilities that make it impossible or extremely difficult to work in the office, they may have a stronger case for WFH.

How can an employee respond?

If you deny an employee WFH they can respond in the following ways:

• Negotiation: The first step is to try to find a compromise, such as a hybrid model with some in-office and some remote days.
• Appeal: If the employee feels the denial was unfair, they may undergo an appeals process.
• Legal Advice: If an employee believes the denial might be discriminatory, they may consult with an employment lawyer to discuss their options.

Key takeaways

• While employers hold significant authority in setting work arrangements, employees do have options.
• If employees have compelling reasons for needing WFH, explore the formal flexible work request process.
• Open communication and negotiation with your employee is often your best strategy.