§ 309. Flexible working arrangements
(a)(1) An employee may request a flexible working arrangement that meets the needs of the
employer and employee. The employer shall consider a request using the procedures
in subsections (b) and (c) of this section at least twice per calendar year.
(2) As used in this section, “flexible working arrangement” means intermediate or long-term
changes in the employee’s regular working arrangements, including changes in the number
of days or hours worked, changes in the time the employee arrives at or departs from
work, work from home, or job-sharing. “Flexible working arrangement” does not include
vacation, routine scheduling of shifts, or another form of employee leave.
(b)(1) The employer shall discuss the request for a flexible working arrangement with the
employee in good faith. The employer and employee may propose alternative arrangements
during the discussion.
(2) The employer shall consider the employee’s request for a flexible working arrangement
and whether the request could be granted in a manner that is not inconsistent with
its business operations or its legal or contractual obligations.
(3) As used in this section, “inconsistent with business operations” includes:
(A) the burden on an employer of additional costs;
(B) a detrimental effect on aggregate employee morale unrelated to discrimination or other
unlawful employment practices;
(C) a detrimental effect on the ability of an employer to meet consumer demand;
(D) an inability to reorganize work among existing staff;
(E) an inability to recruit additional staff;
(F) a detrimental impact on business quality or business performance;
(G) an insufficiency of work during the periods the employee proposes to work; and
(H) planned structural changes to the business.
(c) The employer shall notify the employee of the decision regarding the request. If the
request was submitted in writing, the employer shall state any complete or partial
denial of the request in writing.
(d) This section shall not diminish any rights under this chapter or pursuant to a collective
bargaining agreement. An employer may institute a flexible working arrangement policy
that is more generous than is provided by this section.
(e) The Attorney General, a State’s Attorney, or the Human Rights Commission in the case
of State employees may enforce subsections (b) and (c) of this section by restraining
prohibited acts, conducting civil investigations, and obtaining assurances of discontinuance
in accordance with the procedures established in subsection 495b(a) of this title. An employer subject to a complaint shall have the rights and remedies specified
in subsection 495b(a) of this title. An investigation against an employer shall not be a prerequisite for bringing an
action. The Civil Division of the Superior Court may award injunctive relief and court
costs in any action. There shall be no private right of action to enforce this section.
(f) An employer shall not retaliate against an employee exercising his or her rights under
this section. The provisions against retaliation in subdivision 495(a)(8) of this title and the penalty and enforcement provisions of section 495b of this title shall apply to this section.
(g) Nothing in this section shall affect any legal rights an employer or employee may
have under applicable law to create, terminate, or modify a flexible working arrangement. (Added 2013, No. 31, § 6, eff. Jan. 1, 2014.)