--- title: "Ask the Expert: Do I Have to Allow Employees to Work Flexible Schedules?" description: In today's tight labor market, employees are requesting more benefits, including flex schedules. But do employers have to grant flex time? Find out now. image: https://blog.axcethr.com/hubfs/feb%2012%20blog%20image-1.webp --- - [Client Portal](https://www.axcethr.com/client-services/) - [Employee Login](https://www.axcethr.com/client-services/) [![AxcetHR Solutions Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png)](https://www.axcethr.com/) - [About Us](https://www.axcethr.com/about-us/) - [Corporate Philantropy](https://www.axcethr.com/about-us/corporate-philanthropy/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Values and Culture](https://www.axcethr.com/about-us/values-and-culture/) - [Kansas PEO](https://www.axcethr.com/about-us/kansas-peo/) - [Missouri PEO](https://www.axcethr.com/about-us/missouri-peo/) - [Careers](https://axcethrsolutions.prismhr-hire.com/) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [Why Choose Axcet?](https://www.axcethr.com/why-axcet/) - [About PEOs](https://www.axcethr.com/why-axcet/about-peos/) - [PEO Cost](https://www.axcethr.com/peo-cost/) - [Switching PEOs](https://www.axcethr.com/switching-peos/) - [Certified PEO](https://www.axcethr.com/why-axcet/certified-peo/) - [HR Outsource Options](https://www.axcethr.com/why-axcet/outsourcing-options/) - [Client Reviews](https://www.axcethr.com/why-axcet/client-reviews/) - [PEO Services](https://www.axcethr.com/services/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Workers' Comp. and Employee Safety Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Expertise](https://www.axcethr.com/expertise/) - [PEO Expertise You Can Trust](https://www.axcethr.com/expertise/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [Subscribe to the Blog](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Blog](https://blog.axcethr.com) - [Schedule a Consultation](https://www.axcethr.com/schedule-consultation/) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [Client Reviews](https://www.axcethr.com/why-axcet/client-reviews/) - [Why Choose Axcet?](https://www.axcethr.com/why-axcet/) - [About PEOs](https://www.axcethr.com/why-axcet/about-peos/) - [Certified PEO](https://www.axcethr.com/why-axcet/certified-peo/) - [Options to Outsource Human Resources](https://www.axcethr.com/why-axcet/outsourcing-options/) - [Services](https://www.axcethr.com/services/) - [Complete List of Services](https://www.axcethr.com/services/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Risk Management](https://www.axcethr.com/services/risk-management/) - [Payroll Administration](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Expertise](https://www.axcethr.com/expertise/) - [Expertise You Can Trust](https://www.axcethr.com/expertise/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [Blog](https://blog.axcethr.com/) - [Subscribe to the Blog](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [About Us](https://www.axcethr.com/about-us/) - [Community Involvement](https://www.axcethr.com/about-us/community-involvement/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Careers](https://axcethrsolutions.prismhr-hire.com/) - [Client Portal](https://www.axcethr.com/client-services/) - [Employee Login](https://www.axcethr.com/client-services/) [![fuel-blog-logo](https://blog.axcethr.com/hs-fs/hubfs/fuel-blog-logo.png?width=310&height=97&name=fuel-blog-logo.png)](https://blog.axcethr.com) Filter Blog by Topic - [Human Resources](https://blog.axcethr.com/topic/human-resources) - [Payroll Administration](https://blog.axcethr.com/topic/payroll-administration) - [Employee Safety & Risk Management](https://blog.axcethr.com/topic/employee-safety-risk-management) - [Employee Benefits](https://blog.axcethr.com/topic/employee-benefits) - [All about COVID-19 in the Workplace](https://blog.axcethr.com/topic/covid19) - [Kansas & Missouri HR News](https://blog.axcethr.com/topic/kansas-and-missouri-hr-news) - [Kansas City Interest News](https://blog.axcethr.com/topic/kansas-city-interest-news) - [PEO/HRO](https://blog.axcethr.com/topic/peo) - Choose Topic: - [Human Resources](https://blog.axcethr.com/topic/human-resources) - Payroll Administrations - [Employee Safety & Risk Management](https://blog.axcethr.com/topic/employee-safety-risk-management) - [Employee Benefits](https://blog.axcethr.com/topic/employee-benefits) - [PEO](https://blog.axcethr.com/topic/peo) Play Audio Ask the Expert: Do I Have to Allow Employees to Work Flexible Schedules? 3:50 # Ask the Expert: Do I Have to Allow Employees to Work Flexible Schedules? By [Sherri Bennett, SPHR & SHRM-CP](https://blog.axcethr.com/author/sherri-bennett) on [Feb 13, 2020](https://blog.axcethr.com/ask-the-expert-do-i-have-to-allow-employees-to-work-flexible-schedules) 3 min read [0 comment(s)](https://blog.axcethr.com/ask-the-expert-do-i-have-to-allow-employees-to-work-flexible-schedules#comments-listing) Share this: - - - - [whatsapp://send?text=https://blog.axcethr.com/ask-the-expert-do-i-have-to-allow-employees-to-work-flexible-schedules](whatsapp://send?text=https://blog.axcethr.com/ask-the-expert-do-i-have-to-allow-employees-to-work-flexible-schedules) - [mailto:?subject=Ask%20the%20Expert:%20Do%20I%20Have%20to%20Allow%20Employees%20to%20Work%20Flexible%20Schedules?&body=https://blog.axcethr.com/ask-the-expert-do-i-have-to-allow-employees-to-work-flexible-schedules](mailto:?subject=Ask%20the%20Expert:%20Do%20I%20Have%20to%20Allow%20Employees%20to%20Work%20Flexible%20Schedules?&body=https://blog.axcethr.com/ask-the-expert-do-i-have-to-allow-employees-to-work-flexible-schedules) ![feb 12 blog image-1](https://blog.axcethr.com/hs-fs/hubfs/feb%2012%20blog%20image-1.webp?width=840&name=feb%2012%20blog%20image-1.webp) **Q:** A couple of my employees have asked for flexible working arrangements. I value my employees and want to be sensitive to their requests. But, because we are a small business, their absences from our workplace could put a bigger burden on other staff. And, if I let one or two employees adopt flexible schedules, what happens when other employees start asking for flex time, too? **A:** It’s not surprising you’ve gotten this request from employees. Because United States unemployment is as low as it’s been in 50 years, it’s harder than ever for businesses to find high-quality talent, giving workers more leverage to create the kinds of work schedules they want. In the [2019 Global Workspace Survey](https://www.prnewswire.com/news-releases/new-research-shows-that-flexible-working-is-now-a-top-consideration-in-the-war-for-talent-300818790.html), for example, 74% of respondents said they believe flexible working has become the new normal. [![how low unemployment negatively affects employers](https://no-cache.hubspot.com/cta/default/2652187/6286e29b-8cfe-40eb-ae41-6c6591096506.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/6286e29b-8cfe-40eb-ae41-6c6591096506) The U.S. Department of Labor defines a flexible work schedule as any schedule that gives employees the freedom “to vary their arrival and/or departure times” outside of the traditional 40-hour, 9 a.m. to 5 p.m. workweek. This could include flexibility such as early arrival/early departure times, longer hours of work spread across fewer days, remote work or part-time schedules. Surprisingly, few federal guidelines govern this issue, but, generally speaking, you are not required by law to allow employees to work flexible schedules. The exception is for a medical necessity, which then often falls under the Americans with Disabilities Act requirements. Another possible exception is permitting flexibility for a parent of a child who has an Individualized Education Program (IEP) to take time off for meetings regarding the child’s educational needs. The law does not require this, but the DOL recently released an opinion letter that attending meetings might fall under the Family Medical Leave Act. There also are federal statutes that prohibit discrimination against caregivers, but they apply more broadly and for longer periods of leave. For example, the Family and Medical Leave Act protects men and women who need to take extended time off to care for a child or a relative. The Age Discrimination in Employment Act relates to workers over age 40 and can apply to employees with caregiver responsibilities. The District of Columbia and some states, including Alaska, California, Connecticut, New Jersey, Oregon and Maryland, have laws that exceed federal protections for caregivers. [![How to effectively manage vacation requests](https://no-cache.hubspot.com/cta/default/2652187/3b759850-0797-44b0-bf75-4006c9feb7ec.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/3b759850-0797-44b0-bf75-4006c9feb7ec) Although you aren’t required to permit flexible work arrangements – apart from the legal obligations mentioned above – there are reasons you may want to do so. Offering this flexibility to one or a few employees does mean generally that you’ll have to allow it for others who request it, but there’s good news: Numerous studies have shown that providing flexibility can create a work environment that benefits both employees and employers. Research demonstrates that when employees are allowed to work flexible hours or telecommute, their employers enjoy improved employee morale, retention and productivity. You’ll need to consider the flip side, as well. Flex schedules may put a dent in communication and collaboration among employees and may diminish the social connections that naturally occur when people are together in the same workspace. Further, your industry and the type of work the employee does may affect your decision. If the employee is a shift worker or an assembly line worker, for example, a flexible work schedule likely is not an option. It will be up to your company’s leadership – taking all these factors into consideration – to decide what type of work schedule will be most beneficial when you consider your employee base, the jobs your workers perform and your organization’s culture and goals. [![Sherri Bennett, SPHR & SHRM-CP](https://blog.axcethr.com/hs-fs/hubfs/Sherri-Bennett.jpg?width=80&height=80&name=Sherri-Bennett.jpg)](https://blog.axcethr.com/author/sherri-bennett) Written by #### [Sherri Bennett, SPHR & SHRM-CP](https://blog.axcethr.com/author/sherri-bennett) Senior Human Resources Consultant Read more [View all posts →](https://blog.axcethr.com/author/sherri-bennett) ### Get HR Updates ### Table of Contents ### Related Resources - [services Human Resources](https://www.axcethr.com/services/human-resources/) - [services HR Compliance](https://www.axcethr.com/services/human-resources/hr-compliance-specialist/) #### [Beyond the Interview Questions: The Need-to-Knows of Unconscious Bias ![Beyond the Interview Questions: The Need-to-Knows of Unconscious Bias](https://blog.axcethr.com/hubfs/feb%2017%20blog%20image.png)](https://blog.axcethr.com/beyond-the-interview-questions-the-need-to-knows-of-unconscious-bias) #### [![small business background checks](https://blog.axcethr.com/hubfs/small-business-employment-background-checks%20(1).webp) 3 Reasons Every Business Should Run Pre-Employment Background Checks](https://blog.axcethr.com/3-reasons-every-business-should-run-pre-employment-background-checks) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Sherri Bennett, SPHR & SHRM-CP", "url" : "https://blog.axcethr.com/author/sherri-bennett" }, "dateModified" : "2024-07-23T20:30:13.310Z", "datePublished" : "2020-02-13T15:45:00.000Z", "headline" : "Ask the Expert: Do I Have to Allow Employees to Work Flexible Schedules?", "image" : [ "https://blog.axcethr.com/hubfs/feb%2012%20blog%20image-1.webp" ], "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/ask-the-expert-do-i-have-to-allow-employees-to-work-flexible-schedules", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hubfs/_logo_axcethr_primary.png" }, "name" : "Axcet HR Solutions" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" }, "aggregateRating" : { "@type" : "AggregateRating", "bestRating" : "5", "ratingValue" : "5", "reviewCount" : "100" }, "areaServed" : { "@type" : "Country", "name" : "United States" }, "award" : [ "IRS Certified Professional Employer Organization (CPEO)", "Award-Winning HR Solutions Provider", "SHRM Certified HR Professionals", "HRCI Certified HR Professionals" ], "contactPoint" : { "@type" : "ContactPoint", "areaServed" : "US", "availableLanguage" : "English", "contactType" : "Customer Service" }, "description" : "Award-winning Professional Employer Organization (PEO) providing comprehensive HR solutions, payroll services, employee benefits, and risk management to small and mid-sized businesses. Founded in Kansas City in 1988 with 35+ years of expertise.", "foundingDate" : "1988", "foundingLocation" : { "@type" : "Place", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" } }, "hasOfferCatalog" : { "@type" : "OfferCatalog", "itemListElement" : [ { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Comprehensive HR management services including recruitment, retention, performance management, and company culture development", "name" : "Human Resources Management" } }, { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Accurate payroll processing and payroll tax filing with dedicated payroll consultants", "name" : "Payroll Processing" } }, { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Group employee benefits management including health insurance evaluation, selection, and administration", "name" : "Employee Benefits Administration" } }, { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Workplace safety compliance and risk management solutions", "name" : "Risk Management" } }, { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Employment law compliance, regulatory reporting, and guidance from employment law attorneys", "name" : "HR Compliance & Legal Support" } } ], "name" : "HR Solutions Services" }, "keywords" : "PEO, Professional Employer Organization, HR Solutions, Human Resources Outsourcing, Payroll Services, Employee Benefits, Kansas City PEO, Small Business HR, Mid-Sized Business HR, HR Consulting, IRS Certified PEO, CPEO", "knowsAbout" : [ "Human Resources Management", "Professional Employer Organization", "PEO Services", "Payroll Processing", "Employee Benefits Administration", "Risk Management", "HR Compliance", "Health Plan Management", "Talent Recruitment", "Performance Management", "Workplace Safety", "Employment Law Compliance" ], "legalName" : "Axcet HR Solutions", "logo" : { "@type" : "ImageObject", "url" : "https://www.axcethr.com/wp-content/uploads/axcet-logo.png" }, "memberOf" : { "@type" : "Organization", "name" : "IRS Certified Professional Employer Organizations" }, "name" : "Axcet HR Solutions", "numberOfEmployees" : { "@type" : "QuantitativeValue", "value" : "50-200" }, "sameAs" : [ "https://blog.axcethr.com" ], "slogan" : "HR Support That Drives Success", "url" : "https://www.axcethr.com" } ``` ```json { "@context" : "https://schema.org", "@id" : "https://blog.axcethr.com/ask-the-expert-do-i-have-to-allow-employees-to-work-flexible-schedules#article", "@type" : "BlogPosting", "alternativeHeadline" : "Q: A couple of my employees have asked for flexible working false", "articleBody" : "Q: A couple of my employees have asked for flexible working arrangements. I value my employees and want to be sensitive to their requests. But, because we are a small business, their absences from our workplace could put a bigger burden on other staff. And, if I let one or two employees adopt flexible schedules, what happens when other employees start asking for flex time, too? A: It’s not surprising you’ve gotten this request from employees. Because United States unemployment is as low as it’s been in 50 years, it’s harder than ever for businesses to find high-quality talent, giving workers more leverage to create the kinds of work schedules they want. In the 2019 Global Workspace Survey, for example, 74% of respondents said they believe flexible working has become the new normal. The U.S. Department of Labor defines a flexible work schedule as any schedule that gives employees the freedom “to vary their arrival and/or departure times” outside of the traditional 40-hour, 9 a.m. to 5 p.m. workweek. This could include flexibility such as early arrival/early departure times, longer hours of work spread across fewer days, remote work or part-time schedules. Surprisingly, few federal guidelines govern this issue, but, generally speaking, you are not required by law to allow employees to work flexible schedules. The exception is for a medical necessity, which then often falls under the Americans with Disabilities Act requirements. Another possible exception is permitting flexibility for a parent of a child who has an Individualized Education Program (IEP) to take time off for meetings regarding the child’s educational needs. The law does not require this, but the DOL recently released an opinion letter that attending meetings might fall under the Family Medical Leave Act. There also are federal statutes that prohibit discrimination against caregivers, but they apply more broadly and for longer periods of leave. For example, the Family and Medical Leave Act protects men and women who need to take extended time off to care for a child or a relative. The Age Discrimination in Employment Act relates to workers over age 40 and can apply to employees with caregiver responsibilities. The District of Columbia and some states, including Alaska, California, Connecticut, New Jersey, Oregon and Maryland, have laws that exceed federal protections for caregivers. Although you aren’t required to permit flexible work arrangements – apart from the legal obligations mentioned above – there are reasons you may want to do so. Offering this flexibility to one or a few employees does mean generally that you’ll have to allow it for others who request it, but there’s good news: Numerous studies have shown that providing flexibility can create a work environment that benefits both employees and employers. Research demonstrates that when employees are allowed to work flexible hours or telecommute, their employers enjoy improved employee morale, retention and productivity. You’ll need to consider the flip side, as well. Flex schedules may put a dent in communication and collaboration among employees and may diminish the social connections that naturally occur when people are together in the same workspace. Further, your industry and the type of work the employee does may affect your decision. If the employee is a shift worker or an assembly line worker, for example, a flexible work schedule likely is not an option. It will be up to your company’s leadership – taking all these factors into consideration – to decide what type of work schedule will be most beneficial when you consider your employee base, the jobs your workers perform and your organization’s culture and goals.", "author" : { "@id" : "https://blog.axcethr.com/author/sherri-bennett#author", "@type" : "Person", "name" : "Sherri Bennett, SPHR & SHRM-CP", "url" : "https://blog.axcethr.com/author/sherri-bennett" }, "dateCreated" : "2020-02-13", "dateModified" : "2024-07-23", "datePublished" : "2020-02-13", "description" : "Q: A couple of my employees have asked for flexible working arrangements. I value my employees and want to be sensitive to their requests. But, because we are a small business, their absences from our workplace could put a bigger burden on other staff. And, if I let one or two employees adopt flexible schedules, what happens when other ...", "editor" : "Sherri Bennett, SPHR & SHRM-CP", "genre" : "Human Resources and Employee Management", "headline" : "Ask the Expert: Do I Have to Allow Employees to Work Flexible Schedules?", "image" : "https://2652187.fs1.hubspotusercontent-na1.net/hubfs/2652187/feb%2012%20blog%20image-1.webp", "keywords" : "Human Resources, HR, HR Compliance, flexible work schedules benefits, flexible working hours, flexible work schedules, flexible schedule, flexible work hours, flex schedule, flexible work schedule, flexible work schedule policy, what is a flex schedule, flex time, FAQ", "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/ask-the-expert-do-i-have-to-allow-employees-to-work-flexible-schedules", "@type" : "WebPage" }, "publisher" : { "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hs-fs/hubfs/axcethr_logo_white.png?width=225&name=axcethr_logo_white.png" }, "name" : "Axcet HR Solutions" }, "url" : "https://blog.axcethr.com/ask-the-expert-do-i-have-to-allow-employees-to-work-flexible-schedules", "wordCount" : "3709" } ``` ```json { "@context" : "https://schema.org", "@type" : "BreadcrumbList", "itemListElement" : [ { "@type" : "ListItem", "item" : "https://www.axcethr.com/", "name" : "Home", "position" : 1 }, { "@type" : "ListItem", "item" : "https://insights.axcethr.com/", "name" : "Insights", "position" : 2 }, { "@type" : "ListItem", "item" : "https://insights.axcethr.com/tag/human-resources", "name" : "Human Resources", "position" : 3 }, { "@type" : "ListItem", "item" : "https://blog.axcethr.com/ask-the-expert-do-i-have-to-allow-employees-to-work-flexible-schedules", "name" : "Ask the Expert: Do I Have to Allow Employees to Work Flexible Schedules?", "position" : 4 } ] } ```