Can my employer refuse to accommodate my responsibilities as a carer of my pre-school aged child?
A. Under the Victorian Equal Opportunity Act your employer cannot unreasonably refuse to accommodate your responsibilities as a carer. Your employer must consider all the relevant facts and circumstances to determine if the request is reasonable. Regard must be given to a range of factors including your circumstances, the role offered, your employer’s financial circumstances, and the size and nature of the workplace. The NES gives employees who have at least 12 months continuous service, with responsibility for care of a child under school age, or for care of a child under 18 with a disability, the right to request flexible working arrangements. The request must be in writing, setting out the details of the changes sought and the reasons for the changes. Your employer must provide a written response granting or refusing the request within 21 days, but may refuse only on reasonable business grounds and must detail these in the refusal.
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