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Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

As businesses seek to increase job satisfaction and retain top talent, many are turning to flexible work schedule policies as a way to provide their employees with greater autonomy and control over their work life. While such policies offer numerous benefits, such as improved productivity, reduced absenteeism, improved job satisfaction and increased employee retention, employers must ensure that they are implemented and maintained in accordance with relevant legislation.

The ��������Ƶ team has seen first-hand the importance of having an effective flexible work schedule policy in place - through our community template library which has millions of datapoints teaching our AI what a market-standard flexible work schedule policy looks like. Through this library, anyone can draft and customize high quality legal documents without paying a lawyer.

When creating a policy for flexible working hours, employers must consider both the needs of their employees as well as their own business needs. Factors to take into account include the number of hours an employee can work in a day; the number of days they can work in each week; and types of tasks able to be performed during those hours (such as telecommuting or working remotely). Additionally, companies should ensure that no regulations on discrimination (based on age, sex or race for example) are breached by the created policy.

It is essential that employers regularly review their policies to keep them up-to-date with changing trends - understanding that what works today may not necessarily be effective tomorrow. Employers should also be aware of varying consensus when it comes to developing such policies - while flexibility is key for any successful company culture today; different organisations may require different approaches depending on individual circumstances.

At ��������Ƶ we believe that having access to comprehensive guidance on writing your own bespoke flexible working hour policy is essential. Our step-by-step guide walks you through everything from basics such as defining terms like ‘flexible working’ or ‘remote worker’; all the way through complexities like how best to implement your new approach into existing legislation frameworks - providing you with everything you need for free via our template library! So if you’re looking for a tool which provides free resources when creating your own customised Flexible Working Schedule Policy – read on below!

Definitions

Flexible Work Arrangements: This is when an employee and employer agree to an arrangement that allows the employee to work different hours or work remotely.

Overtime: This is when an employee works more than the standard hours agreed upon in their contract.

Minimum Wage: This is the lowest amount of money an employer can legally pay an employee.

Labor Regulations: These are laws that are in place to protect workers’ rights and ensure they are treated fairly.

Scope: This is the extent of something, or the range of its application.

Criteria: These are the standards or requirements used to make a decision or judgement.

Consequences: These are the results or punishments that occur as a result of an action.

Scheduling System: This is an organized way of arranging work hours and tasks.

Submitting Requests: This is when someone formally asks for something.

Timeline: This is a sequence of events that occur over a period of time.

Job Duties: These are the tasks and responsibilities required of a particular job.

Accommodate: This is when something is adjusted to fit a particular need or situation.

Incentives: These are rewards that are offered to motivate or encourage someone to do something.

Periodically: This means something happens at regular intervals.

Surveying: This is when someone collects information or opinions from a group of people.

Check-ins: This is when someone meets regularly with another person to discuss progress or performance.

Contents

1. Establishing the Employer’s Goals and Expectations
2. Identifying the type of flexible work arrangements needed
3. Setting clear goals and objectives
4. Understanding the Legal Requirements
5. Reviewing applicable local, state, and federal laws
6. Consulting with legal counsel when necessary
7. Setting Clear Policies and Guidelines
8. Defining the scope of the flexible work schedule policy
9. Outlining the rules and expectations
10. Establishing a Fair and Consistent Scheduling Process
11. Developing an appropriate scheduling system
12. Establishing a process for requesting flexible work arrangements
13. Assessing Job Duties and Availability of Employees
14. Analyzing job duties and tasks to determine which can be completed flexibly
15. Examining employee availability and their ability to meet job requirements
16. Creating Flexible Work Arrangements for Employees
17. Developing options for flexible work arrangements
18. Determining how to accommodate employee requests
19. Promoting a Positive Work/Life Balance
20. Encouraging employees to take advantage of flexible work arrangements
21. Developing policies to support employees’ needs
22. Monitoring and Evaluating the Flexible Work Schedule Policy
23. Regularly assessing the effectiveness of the policy
24. Making changes as needed to improve the policy
25. Communicating the Flexible Work Schedule Policy
26. Providing employees with written information about the policy
27. Offering training and guidance to ensure understanding
28. Enforcing the Flexible Work Schedule Policy
29. Establishing a system for tracking requests and compliance
30. Ensuring that employees adhere to the policy

Get started

Establishing the Employer’s Goals and Expectations

• Review and consider any existing policies or processes that need to be accounted for
• Identify the company’s goals related to employee work schedules and productivity
• Determine the employer’s expectations for job performance, attendance, and communication
• Establish guidelines for when employees are expected to be available for work-related tasks and activities
• Identify any specific requirements or restrictions related to flexible work schedules
• Confirm that the policy is compliant with local, state, and federal laws and regulations

Once these steps are complete, you can move on to the next step in the guide: Identifying the type of flexible work arrangements needed.

Identifying the type of flexible work arrangements needed

• Identify the types of flexible work arrangements needed to meet the employer’s goals and expectations from the previous step.
• Consider different types of flexible work arrangements that could be offered, such as remote work, part-time work, job sharing, flex-time, compressed workweeks, and more.
• Consult with the relevant team members, both those in a managerial role and those in the frontlines, to determine which type of flexible work arrangements would be the most beneficial for the company.
• When you have identified the types of flexible work arrangements needed, you can check this off your list and move on to the next step of setting clear goals and objectives.

Setting clear goals and objectives

• Determine what needs to be accomplished within the flexible work schedule
• Describe the goals and objectives which will be met through the flexible work schedule
• Ensure that the goals and objectives are measurable and achievable
• Establish a timeline for achieving the goals and objectives
• Check that the goals and objectives are consistent with the organization’s overall mission and vision
• When all of these steps have been completed, you can move on to understanding the legal requirements associated with flexible work schedules.

Understanding the Legal Requirements

• Research and review applicable local, state, and federal laws that may impact the development of a flexible work schedule policy
• Become familiar with the legal requirements for flexible work schedules in the area of jurisdiction
• Speak with the legal team to ensure the flexible work schedule policy complies with all laws
• Utilize resources such as legal databases and websites to ensure the policy is up-to-date with the most current regulations and laws
• When you are confident in your understanding of the legal requirements, you can move on to the next step.

Reviewing applicable local, state, and federal laws

• Research applicable local, state, and federal laws to determine which laws are relevant to the flexible work schedule policy you are creating.
• Make a list of all applicable laws and consider how they may affect the policy.
• Check with your legal counsel to make sure all relevant laws have been identified.
• Once you have identified all relevant laws, you can check this off your list and move on to the next step.

Consulting with legal counsel when necessary

• Identify a legal counsel that is knowledgeable about employment law and regulations.
• Make sure that the legal counsel is familiar with local, state, and federal laws that could affect your flexible work schedule.
• Discuss the proposed flexible work schedule policy with the legal counsel to ensure that it is compliant with all applicable laws and regulations.
• Incorporate the legal counsel’s advice into the policy.
• When the legal counsel confirms that the policy is compliant with all applicable laws and regulations, you can check this step off your list and move on to the next step.

Setting Clear Policies and Guidelines

• Draft a comprehensive flexible work schedule policy that outlines the rules and regulations around flexible work schedules
• Make sure the policy covers topics such as start and end times, acceptable remote work hours, breaks, etc.
• Consult with legal counsel to ensure the policy complies with any applicable laws or regulations
• Consult with managers and other stakeholders to get their input on the policy
• Finalize and publish the flexible work schedule policy
• Monitor and enforce the policy to ensure compliance
• When the policy is finalized, published and enforced, you can move on to the next step.

Defining the scope of the flexible work schedule policy

• Clarify which employees the policy applies to and when the policy will be in effect
• Define the eligibility criteria for employees to participate in the flexible work schedule policy
• Decide what types of flexible work schedules will be offered and how employees can request the schedule
• Determine how the company will track and manage flexible work schedules
• Identify what areas of work are eligible for flexible work schedules
• Establish how the flexible work schedule policy will be communicated to all employees
• When finished, check off this step and move on to the next step, Outlining the Rules and Expectations.

Outlining the rules and expectations

• Define the core hours for the flexible work schedule policy, if any
• List any additional rules and expectations associated with the flexible work schedule policy, such as attendance policies, telecommuting policies, and break policies
• Decide how to communicate the flexible work schedule policy to your employees
• Ensure that your flexible work schedule policy is compliant with all applicable state and federal laws

Once you have outlined the rules and expectations associated with the flexible work schedule policy, you can check off this step and move on to establishing a fair and consistent scheduling process.

Establishing a Fair and Consistent Scheduling Process

• Working with your HR department, create a process for scheduling that is fair and consistent for all employees
• Define the expectations for managers and employees in terms of scheduling and communicating changes
• Establish a set of rules and guidelines that all managers and employees must follow when making changes to the schedule
• Create a system for tracking changes in the schedule and delivering the updated schedule to all employees
• When you have a fair and consistent scheduling process in place, you can move on to developing an appropriate scheduling system.

Developing an appropriate scheduling system

• Determine the best scheduling system for your organization, such as a traditional 9-5 schedule, shift work, or flexible hours
• Consider the needs of your employees, such as their availability and the nature of their work
• Ensure the scheduling system you develop is compliant with state and federal labor laws
• Outline the rules and expectations of each scheduling system
• Communicate the scheduling system and its rules to your employees
• Once you’ve established the scheduling system, you can check this step off your list and move on to establishing a process for requesting flexible work arrangements.

Establishing a process for requesting flexible work arrangements

• Create a flexible work schedule policy that outlines the types of flexible work arrangements available and the process for requesting them
• Ensure the policy is in compliance with all applicable laws
• Set up an application process for requesting flexible work arrangements, including an end date for the arrangement
• Allow employees to apply for flexible work arrangements in writing or online
• Provide a deadline for submitting requests
• Designate a person or team to review flexible work schedule requests
• Establish criteria for approving or denying requests
• Communicate decisions to employees in writing

You will know you have completed this step when you have a fully operational process in place for requesting flexible work arrangements that is compliant with applicable laws.

Assessing Job Duties and Availability of Employees

• Develop a questionnaire or survey to assess job duties and availability of employees.
• Collect data from employees and compile it into a spreadsheet or database.
• Analyze the data to determine which job duties and tasks can be completed flexibly.
• Assess the availability of employees for flexible work arrangements.
• When finished, you should have a better understanding of which job duties and tasks can be completed flexibly and which employees are available for flexible work arrangements.

Analyzing job duties and tasks to determine which can be completed flexibly

• Review job descriptions to identify tasks that can be completed remotely or flexibly
• Consider the types of tasks or responsibilities that could be completed outside of a typical 9-5 workday
• Create a list of tasks that could be completed flexibly or remotely, and those that must be completed in-person or during specific hours
• Consult with employees to determine which tasks they feel they can complete flexibly, and which ones they would prefer to complete in-person or during specific hours

When you have identified the tasks that can be completed flexibly and the tasks that must be completed in-person or during specific hours, you can move on to the next step.

Examining employee availability and their ability to meet job requirements

• Analyze employee work hours to determine which employees are available to work flexibly
• Identify any legal or contractual restrictions that may impact employees’ ability to work flexibly
• Collect input from employees on their availability and preferences for flexible work
• Ensure that job duties and tasks can be completed with the availability and preferences of employees
• Check with relevant stakeholders (e.g. HR Department, managers) to get their approval and input on the flexible work schedule policy
• When you have collected all relevant information, you can move on to the next step of creating flexible work arrangements for employees.

Creating Flexible Work Arrangements for Employees

• Analyze the job requirements and determine which elements are essential and which are flexible
• Discuss with employees and their supervisors the benefits of flexible work arrangements
• Create a policy that outlines different flexible work arrangements, such as job sharing and remote work
• Establish procedures for approval and implementation of flexible work arrangements
• Review the policy with supervisors and employees
• Make sure the flexible work arrangement policy is clearly communicated and consistently enforced

When you’ve completed this step, you’ll know that you have a comprehensive policy in place for flexible work arrangements.

Developing options for flexible work arrangements

• Set up a meeting with key stakeholders to discuss the development of flexible work arrangements
• Brainstorm possible flexible work arrangements to offer employees
• Consider the types of work that can be done remotely, or at flexible hours
• Determine which flexible work arrangements are feasible and desirable to the organization
• Draft a policy outlining the types of flexible work arrangements available to employees
• Present the policy to stakeholders for review and feedback

How you’ll know when you can check this off your list and move on to the next step:

• After stakeholders have provided feedback on the policy and the policy has been finalized, you can check this off your list and move on to the next step.

Determining how to accommodate employee requests

• Consider what types of requests you are likely to receive from employees
• Outline the criteria that must be met for requests to be accommodated
• Set out procedures for how employees should submit requests
• Establish a timeline for when requests must be submitted and when employees can expect to receive a response
• Determine the process for review of requests and how they will be evaluated
• Assign a team or individual to evaluate requests and make decisions
• Identify any relevant laws that apply to the requests
• Consider any potential impacts on the business of accommodating requests
• Outline the criteria for granting or denying requests

How you’ll know when you can check this off your list and move on to the next step:
Once you have outlined the criteria for accommodating requests and established a process for review and decision-making, you will have completed this step and can move on to promoting a positive work/life balance.

Promoting a Positive Work/Life Balance

• Establish clear guidelines on how employees can access and use flexible working arrangements
• Create a policy that outlines the different types of flexible working arrangements available and the conditions under which they can be accessed
• Develop a system to monitor and review the impact of flexible working arrangements on employee productivity, morale, and job satisfaction
• Train supervisors on how to effectively manage employees who access flexible working arrangements
• Make sure managers are encouraging employees to take advantage of flexible work arrangements
• Provide support and resources to employees who need help balancing their work and personal lives
• Review the policy periodically to ensure it is up to date and meets the needs of employees

When you have established clear guidelines, created a policy, developed a system to monitor it, trained supervisors, encouraged employees to take advantage of flexible arrangements, provided support and resources, and reviewed the policy periodically, you can move on to the next step.

Encouraging employees to take advantage of flexible work arrangements

• Establish a culture of trust between employees and managers
• Offer flexible work options that are tailored to employee needs
• Encourage employees to take advantage of the flexible work options available
• Provide training and support for employees to understand how to make the most of flexible work arrangements
• Regularly survey employees to gauge their satisfaction with the flexible work arrangements and make improvements where needed

When you have established a culture of trust, offered flexible work options tailored to the needs of your employees, encouraged employees to make use of those options, provided training and support, and surveyed employees to gauge their satisfaction with the flexible work arrangements, you can check this step off your list and move on to the next step.

Developing policies to support employees’ needs

• Draft a flexible work schedule policy that outlines the criteria and procedures for requesting and approving flexible work arrangements
• Establish guidelines for documentation, tracking, and reporting of hours worked and ensure compliance with applicable laws
• Develop communication and education plans to ensure that employees are aware of and understand the policy
• Identify and address potential issues, including how to resolve disputes
• Review the policy with legal counsel and other stakeholders
• Finalize the policy and communicate it to employees

Once all of the above is completed, you can move on to the next step of monitoring and evaluating the flexible work schedule policy.

Monitoring and Evaluating the Flexible Work Schedule Policy

• Establish a set timeline for monitoring and evaluating the flexible work schedule policy.
• Track employee satisfaction with the flexible work schedule policy and any changes made to the policy.
• Establish a feedback system such as surveys, interviews, or focus groups to assess employee satisfaction.
• Review any issues that arise and provide solutions as needed.
• Monitor how the flexible work schedule policy is being implemented and if it is being followed.
• Evaluate the effectiveness of the policy by assessing employee performance and productivity.

When you can check this off your list:

• When you have established a timeline for monitoring and evaluating the policy.
• When you have tracked employee satisfaction and any changes to the policy.
• When you have set up a feedback system to assess employee satisfaction.
• When you have reviewed any issues that arise and provided solutions as needed.
• When you have monitored how the policy is being implemented and if it is being followed.
• When you have evaluated the effectiveness of the policy by assessing employee performance and productivity.

Regularly assessing the effectiveness of the policy

• Set a timeline for regularly assessing the effectiveness of the flexible work schedule policy.
• Gather feedback from employees about the policy, through surveys, focus groups, and other methods.
• Monitor the results of assessments to monitor the effectiveness of the policy.
• Evaluate the effectiveness of the policy and identify areas for improvement.
• Make changes to the policy as needed, based on the feedback and assessments.

When you have completed these steps, you can move on to the next step, which is making changes as needed to improve the policy.

Making changes as needed to improve the policy

• Monitor the effectiveness of the policy, including employee feedback and productivity reviews
• Make adjustments to the flexible work schedule policy based on the reviews and feedback
• Document the changes and update the flexible work schedule policy
• Check off this step once changes have been made and the policy has been updated appropriately

Communicating the Flexible Work Schedule Policy

• Develop a plan for communicating the flexible work schedule policy to employees, including a timeline
• Make sure to give employees enough time to read and understand the policy before it is implemented
• Schedule a meeting or training session to review the policy with employees
• Discuss any questions or concerns employees may have about the policy
• Provide employees with written documentation outlining the policy
• Follow up with employees after the policy has been implemented to ensure that everyone understands and is following it correctly
• Check off this step when all employees have been made aware of and understand the flexible work schedule policy.

Providing employees with written information about the policy

• Create a formal document that outlines the new flexible work schedule policy
• Include details such as the types of flexible work schedules available, how to apply and be approved for a flexible work schedule, and the expected commitments of employees who have a flexible work schedule
• Make sure to include any restrictions or requirements associated with the policy
• Provide a copy of the policy to each employee
• Have each employee sign an acknowledgment form to confirm that they have read and understand the policy
• When all employees have signed the acknowledgment form, you will know that you have completed this step and can move on to the next step.

Offering training and guidance to ensure understanding

• Provide training and guidance materials to employees about the flexible work schedule policy.
• Make sure that all questions and concerns about the policy are addressed.
• Ensure that employees understand the expectations of the policy including how to properly report hours worked, taking breaks, and any other concerns.
• Offer refresher trainings as needed to ensure that employees are following the policy.
• When all employees are trained and have a clear understanding of the policy, you can check this off your list and move on to the next step.

Enforcing the Flexible Work Schedule Policy

• Add clauses to employee contracts to make the policy legally binding.
• Include a clause in the policy that outlines any disciplinary action that may be taken if the policy is not followed.
• Establish a system for tracking requests and compliance with the flexible work schedule policy.
• Set up regular meetings with staff to ensure the policy is being observed.
• Monitor staff work hours and attendance to ensure adherence to the policy.
• Create an anonymous reporting system for employees to report any violations of the policy.

When you can check this off your list:

• When the flexible work schedule policy has been added to employee contracts and the system for tracking requests and compliance has been established.

Establishing a system for tracking requests and compliance

• Develop a system for tracking requests for flexible work schedules, as well as employee compliance with the policy.
• Consider using a specific software program or online platform to track requests and ensure compliance.
• Provide employees with a step-by-step guide on how to submit a request for a flexible work schedule and how to document their compliance with the policy.
• Designate one or more staff members to be in charge of tracking requests and compliance.
• Set up a schedule to regularly review requests and ensure compliance.
• When the system is in place, check it off your list and move on to the next step.

Ensuring that employees adhere to the policy

• Communicate the policy to all employees and ensure they understand their obligations.
• Offer training and guidance on how to use the system to request flexible work.
• Set out clear expectations around communication with management and colleagues when working remotely or flexibly.
• Establish clear guidelines around the availability of employees during their flexible work hours.
• Monitor the system to ensure employees are adhering to the policy and are taking the required days off.
• Establish consequences for employees who do not adhere to the policy.

Once these steps are complete, you can move on to the next step of the guide.

FAQ

Q: Will the work schedule policy comply with UK employment legislation?

Asked by John on March 15th 2022.
A: Yes, a flexible work schedule policy should comply with UK employment legislation. It is important to ensure the policy is compliant with all applicable legislation and regulations, and to ensure the company is able to fulfill its legal duties as an employer. The policy must provide a fair, transparent and consistent approach to managing flexible working requests, and should outline the procedures for requesting flexible working arrangements. It should also set out the criteria for assessing requests for flexible working arrangements and outline any restrictions that may apply. It is advisable to seek legal advice if you are unsure whether your policy meets legal requirements.

Q: How should a flexible work schedule policy accommodate workers in different sectors?

Asked by Sarah on June 21st 2022.
A: A flexible work schedule policy should be tailored to the specific needs of each sector, as different industries and workplace settings may require different approaches to flexible working arrangements. For example, industries such as hospitality or retail may need to address issues such as shift swapping or split shifts. It is important to consider the particular needs of workers in each sector, such as variable hours of work or shift patterns, when designing a flexible work schedule policy. The policy should also take into account any specific regulations or laws that may apply in each sector.

Q: How can employers ensure that their flexible work schedule policy is fair?

Asked by Paul on January 19th 2022.
A: Employers should ensure that their flexible work schedule policy is fair by setting out clear criteria for assessing requests for flexible working arrangements and outlining any restrictions that may apply. The criteria should be reasonable, non-discriminatory and consistent across the organisation. It should ensure that all employees are treated equally and fairly regardless of their background or circumstances, and provide an equal opportunity for all employees to make a request for flexible working arrangements. Employers should also be aware of any applicable laws or regulations that may affect their ability to offer certain types of flexible working arrangements to certain types of employees.

Q: Can a flexible work schedule policy cover remote working?

Asked by Elizabeth on April 4th 2022.
A: Yes, a flexible work schedule policy can cover remote working, provided that it meets the legal requirements in terms of health and safety, data protection and other relevant legislation. Employers should consider how they will manage remote workers in terms of communication, monitoring and performance management, as well as ensuring they have access to the necessary equipment and resources needed to complete their work effectively. Employers should also consider how they will manage any potential conflicts between remote workers and those who are based in the office.

Q: What are the benefits of having a flexible work schedule policy?

Asked by David on August 12th 2022.
A: Having a flexible work schedule policy can have many benefits for employers as well as employees. From an employer’s perspective, a well-designed policy can help reduce costs associated with recruitment, training and absenteeism, while increasing employee satisfaction, morale and productivity. From an employee’s perspective, it can provide greater control over their own working hours, allowing them to better balance their personal commitments with their professional responsibilities. A well-designed policy can also help foster an inclusive workplace culture where all employees feel valued and respected regardless of their personal circumstances or background.

Example dispute

Flexible Work Schedule Policy Lawsuits

• A plaintiff may raise a lawsuit regarding a flexible work schedule policy if they believe their employer has violated the law or their rights as a worker.
• This could include employers not honoring flexible work schedule requests or providing unequal treatment to workers, resulting in an unlawful discrimination.
• The plaintiff could cite relevant labor laws, regulations, or civil law which they believe their employer has violated, such as the Fair Labor Standards Act, the Americans with Disabilities Act, state or local laws, etc.
• The plaintiff may be able to prove that their employer acted unlawfully by providing evidence of their employer’s conduct, such as emails, memos, or other documents, as well as witness testimony.
• If the plaintiff is successful, they may be able to settle with their employer for damages, such as back pay, future wages, or injunctive relief.
• Damages will be calculated based on the specific facts of the case, including lost wages, emotional distress, and other costs incurred by the plaintiff.

Templates available (free to use)

Acceptance Of Employees Appeal Flexible Working Requests
Basic Sme Flexible Working Policy
Detailed Flexible Working Policy
Employees Letter Of Appeal Flexible Working Request
Employees Request For A Change In Their Work Schedule Flexible Working Request
Employees Withdrawal Flexible Working Request
Employer Acceptance Letter And Contract Variation Flexible Working Request
Employer Confirmation Of Trial Period Flexible Working Request
Employer Rejection Letter Flexible Working Request
Employer Response Letter To Request Including Acknowledgment And Invitation To A Meeting Flexible Working Request
Employers Confirmation Of Decision Period Extension Flexible Working Request
Employers Letter Stating That Employees Request Will Be Treated As Withdrawn Flexible Working Request



Flexible Working Policy
Letter Rejecting Employees Appeal For Flexible Working Request

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