Do I qualify for the right to have my flexible working request considered?
In general, these new rights apply to employees who:
- have 26 weeks continuous service with an employer at the date that the application is made;
- are not agency workers;
- have not made a previous application under the new rights during the past 12 months;
and:
- have a child under six or a disabled child under 18;
- are parents of the child (including the mother, father, adopter, guardian or foster parent) or who are married to the parent or who live with the child and the parent in an enduring family relationship (this can include either heterosexual or same-sex partners of the parent but not other members of the family);
- have, or expect to have, responsibility for the upbringing of the child;
- are making the application in order to care for the child;
or:
- are making an application in order to care for a person aged 18 or over who is either married to or the partner of or the civil partner of the employee, or is a relative of the employee, or is living at the same address as the employee
Note: In this case, the definition of a partner is one half of a couple where they are not married or are not civil partners but are living together as if they were either of the above. For the purposes of this right, a relative is defined as a mother, father, adopter, guardian, special guardian, parent in law, step parent, son, step son, daughter, step daughter, brother, step brother, brother in law, sister, step sister, sister in law, uncle, aunt or grandparent. This definition includes adoptive relationships and half-blood and full-blood relationships.