Caring responsibilities
What are my rights and responsibilities when staff ask to change their working hours and shifts to meet family caring responsibilities?
More businesses are accommodating staff requests to achieve a better work-life balance, where this is possible. Although it will depend on the requirements of your business, you may not treat an employee less favourably just because they have family responsibilities. However, if your business is dependent upon workers being available at particular times, then it is reasonable to specify the hours they work.
In South Australia, 'caring responsibilities' is not currently one of the types of discrimination covered by equal opportunity laws. However, there have been cases where women have successfully argued that failing to take into account their need to care for young children amounts to indirect sex discrimination. Across the rest of the country, and at the federal level, it is unlawful to discriminate against staff with caring responsibilities.
Related information
Types of discrimination: sex
Places of discrimination: employment
Equal Opportunity Act set to change
Striking the balance: men, women, work and family website
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