The Flexibility for Working Families Act (H.R. 2559, S. 1248)

Rep. Carolyn Maloney (D-NY) and Sen. Bob Casey (D-PA) have reintroduced legislation that would provide employees with a statutory right to request flexible work terms and conditions.  "To permit employees to request, and to ensure employers consider requests for, flexible work terms and conditions and for other purposes."  (Govtrack.us)  If passed, the act would authorize an employee to request a change in the terms or conditions of employment relating to: (1) the number of hours the employee is required to work; (2) the times when the employee is required to work or be on call for work; (3) where the employee is required to work; or (4) the amount of notification the employee receives of work schedule assignments.

To be eligible under this bill, an employee would have to work an average of at least 20 hours per week, or at least 1,000 hours per year.  Employers with fewer than 15 employees would be exempt.  The measure additionally contains anti-retaliation provisions.

The act would require:

1. Notification/request from employee to employer.
2. Employer would be required to hold a meeting with the employee to discuss the application.
3. Employer must provide a written decision to the employee regarding the application "within a reasonable period" after the meeting.
4. If the application is rejected, the employer would be required to provide a reason for the denial.  The employer would be permitted to propose an alternative change to the employee's hours, times, place and amount of notification of schedule assignments.
5. If the employee is dissatisfied with the proposal and has a second supervisor, the employee has the right to have the second supervisor reconsider the alternative schedule.

Current status:  The bill has been assigned to a congressional committee as of June 27, 2013.