Flexible working for caring purposes

You can request flexible working for caring purposes if you are a parent or carer.

What is flexible working?

Flexible working is a work arrangement in which your working hours or patterns are adjusted.

Types of flexible working

Employees with caring responsibilities can make use of the existing schemes:

Part-time work

Where an employee works fewer hours than full-time employees.
Agreement on Flexible Working (PDF, 4.5 MB, 8 pages)

Shorter working year

Where an employee can take unpaid leave for a certain period of the year.
Shorter Working Year scheme

Working from home (WFH)

Our HSE Blended Working Policy provides the right to request remote working (WFH). The term ‘blended working’ refers to a combination of working from your work premises and working remotely.

Who can make a request?

To request flexible working for caring purposes, you must be one of the following:

• a parent, or acting as a parent to a child under 12, or under 16 if your child has a disability or illness
• a carer providing care to a specified person living in the same household needing care for a serious medical reason

A specified person can be your:

• child
• spouse or civil partner
• cohabitant
• parent or grandparent
• brother or sister
• cohabitee (any person living in the same house as you who is not on the above list and requires substantial care or support due to a serious medical condition)

You can request flexible working from the first day in your new job, but you must have 6 months’ continuous service before an arrangement can start.

If you leave your job and return to the same employer within 26 weeks, the gap does not count toward the 6-month requirement.

Making a request

You should send your request for flexible working to your manager as soon as possible, and no later than 8 weeks before your proposed start date. HSE employees should use the flexible working HR111 online application form.

Section 38 employers should inform employees about the process and information needed for flexible working requests for care purposes.

Information needed includes:

• type of flexible working requested
• flexible working start date
• length of the flexible working arrangement

Additional information

Your manager can ask for additional information to assess your request.

They may ask for information about the person in need of care.

For someone who requires significant care for a medical reason they can request the following information:

• your relationship to the person
• type of care or support needed
• relevant evidence, such as a medical certificate signed by a medical practitioner, or any other evidence they may reasonably request

For your child, they may request a copy of their birth certificate or certificate of placement.

Withdrawing your request

You can withdraw your request for flexible working at any time, including after an approved arrangement is signed by you and your manager. Your request to withdraw must be in writing, such as by email.

Right to a response

Your manager should respond to your flexible working request as soon as possible, and not later than 4 weeks after receiving your request.

If your manager has difficulty assessing the suitability of your request, they may extend the 4-week period, but it cannot exceed 8 weeks.

Within 4 weeks of receiving your request, your manager must do one of the following:

• approve the request and include an agreement prepared and signed by your manager and you setting out the terms of the arrangement, including the start date and duration
• provide notice in writing informing you that the request has been refused and the reasons for the refusal
• provide notice in writing informing you that more time is needed to assess the request and stating the length of the extension

Changing a flexible working arrangement

You and your manager can change your flexible working arrangement after it has been been signed, either before or after it starts.

Changes to your arrangement could include:

• postponing the arrangement or part of it to an agreed date
• reducing the length of the arrangement
• changing the arrangement in a way you both agree on

If you become ill before your new arrangement begins

Notify your manager if you become ill before your new arrangement begins and you're unable to care for the person covered by the flexible working arrangement. You may postpone the arrangement until you have recovered.

You must give written notice as soon as possible and include a medical certificate or other proof that you're unable to care for them due to illness.

Ending a flexible working arrangement

Your manager may end a flexible work arrangement for the following reasons:

• negative impact on service
• misuse of arrangement

Negative impact on service

Your manager can end an approved flexible working arrangement if it has a significant negative impact on their service.

Reasons to end an arrangement might include:

• seasonal variations in workload
• unavailability of a person to carry out your duties
• nature of your duties
• number of employees in the service
• overlapping flexible working arrangements
• other matters substantially affecting the service

Your manager must give you written notice of termination, setting out the reasons for termination. They must specify the date you will return to your original working arrangement. Your return date must be at least 4 weeks from the date of the termination notice.

Before giving you notice of termination, your manager must:

• notify you in writing about the proposal to end the arrangement
• provide details about the grounds for termination
• allow you 7 days after you get the notice to make representations relating to the proposal
• consider representations you make before making a decision

Misuse of arrangement

You must use the flexible working arrangement for the purpose for which it was approved.

If your manager has reasonable grounds to believe that the flexible working arrangement is not being used for that purpose, they may give you written notice of termination. They must explain the reasons for the termination and specify when you must return to your original working arrangement.

Your manager can terminate the arrangement if they have reasonable grounds to believe you are not using it for the agreed purpose.

They must provide you with written notice outlining the reason for termination and give you 7 days to submit any objections to the proposal.

You must return to your original working arrangement 7 days after receiving notice of termination for abuse of an arrangement.

Return to previous working arrangement

You may request in writing to resume your original working arrangements earlier than previously approved, providing reasons and a proposed return date.

Your manager must notify you within 4 weeks of receiving your request whether it is approved or denied, and the reasons for any refusal.

When considering your request, your manager must consider both the needs of the service and your needs, such as why you requested to return to work early.

If your manager agrees to your early return, they can propose a different date for you resuming your original working arrangements.

When your flexible working arrangement expires, you have the right to return to the working arrangement that existed before the approval of the flexible working arrangement.

Protection of your employment rights

Your employment rights are protected under a flexible working arrangement. Your manager must not penalise you for using or requesting a flexible working arrangement.

Related content

Blended working

HR Circular 010 2024 Right to Request Flexible Working Arrangements for Caring Purposes and Right to Request Remote Working (PDF, 490 KB, 9 pages)