Regardless of the system under which you are employed it is important to know your rights at work as a carer and the business case for family-friendly work practices outlined above. Knowing this means you can positively frame your request for support.

If you approach your employer with a solution, not a problem, you are more likely to get a positive outcome.

Start by checking your award, EBA or ITEA to see which family-friendly provisions are already available to you and read up on anti-discrimination laws and the positive aspects of workplace flexibility for carers. If you work for a larger organisation, talk to your Human Resources officer about the company’s policy on carers.

It may also help to talk to your colleagues about your caring situation and gain their support. They may be able to back you up when you are absent. Ask colleagues if they have experience in juggling work and care and how the company has handled it.

Making an appointment

Do your employer the courtesy of making an appointment to talk about your caring responsibilities. Think about how long it will take – 10 or 15 minutes will probably be enough time – and ask for an appointment for that long. Let your employer know what the appointment is about.

The timing of your approach to make an appointment is important. It is better to approach your employer earlier in your shift rather than later. Wait until they have had a chance to clear their desk, though. After morning tea or the first break of the shift is an ideal time.

If your employer has a personal assistant or secretary, make the appointment through them. If you feel you may get some support, let this person know your situation as they may be able to back you up in your request. Employers often ask their assistants what they think of these requests.

Also be prepared for your employer to not want to make an appointment but to talk about your request there and then!

Explaining your caring responsibilities

Explain your caring situation positively and state that you want to be able to work and care at the same time. Don’t apologise for caring. Privacy laws protect you and the person you are caring for. You do not need to go into detail about your relationship to the care receiver, medical conditions etc.

Explain that you have checked your award, EBA or ITEA and the anti-discrimination legislation and that there is an increasing trend for employers to support staff to work and care at the same time. Outline the benefits for employers such as increased staff retention, loyalty, commitment and productivity.

Explain that you have thought about your situation and ask your employer if he or she would consider what you need. Let your employer know that you have considered the repercussions of your request for your position and your colleagues and that your colleagues support you. For example, you could say something like “Joan is happy to cover for me if I have to take an extended lunch hour or leave work during my shift. I can make this time up later”. Frame your request in such a way that it will cause the least trouble for everyone. Offer some other choices about how you may deal with your caring responsibilities.

Give a time frame for your request, eg. “I expect my caring responsibilities to last for xx number of months/years”.

Depending on how urgent the needs of the person you are caring for, give your employer time to think about your request. Bear in mind that it may mean a policy shift for the whole organisation so that all staff have access to flexible workplace practices as needed. Ask for a response in writing that sets out any new arrangements.

When you meet with your employer, you could give him/her a copy of our Fact Sheet Carers and Work which provides an overview of employers’ responsibilities under NSW anti-discrimination legislation as well as the positive benefits of providing flexible working arrangements to staff who are carers.

What if I have a problem?

While family friendly policies are designed to be available to all employees, there are differences within and between workplaces as to who is able to take up flexible work options. Research from HREOC’s "Striking the Balance" paper shows professional and office workers and women are more able to make use of carer-friendly work practices than trade or manual labourers and men. Despite this, you still have the right to ask for the support you are entitled to and your employer should respond positively.

If your employer does not allow your entitlements under your award or EBA, or if you feel harassed or discriminated against, keep a log or diary of all incidents. Talk to the person or people first and try to resolve the issue. Your employer may have a policy in place to deal with workplace grievances that you can use. You can also get help with written complaints from other sources such as trade unions, community services, community legal centres and lawyers who can talk to your employer on your behalf. This is particularly important if you have difficulties with written English. Often a simple phone call to remind your employer of their legal obligations will be enough to make sure you get your entitlements.

If you are on an ITEA and have difficulty getting the family-friendly work provisions contained in your agreement, you can use the agreement’s dispute resolution process.

If these methods don’t work, or aren’t appropriate, helpers can support you to make a complaint to the relevant tribunal or court. There is a time limit between when incidents occurred and when you can make a complaint so check these as soon as possible. Many complaints are successfully resolved using mediation or conciliation. If this fails, you can go to the appropriate court or tribunal for a legal judgment which will then be enforced. Employees on ITEAs can take legal action in their local court for breach of contract.

If you take the final step of seeking a legal solution, it is important to know that, under anti-discrimination laws, it is illegal for you to be harassed or discriminated against for standing up for your rights in the workplace. With the weight of evidence pointing to the positive benefits of employer support of carers, these steps should be an avenue of last resort.

What next?

If you would like to learn more about the issues raised in this Fact Sheet you may like to try:

• returning to the Employees menu on the Gateway
• checking out the Federal Government Workplace Relations website for more information on Carers
• visiting the relevant state workplace and employment website
  • NSW - http://www.industrialrelations.nsw.gov.au
    VIC - http://www.business.vic.gov.au
    QLD - http://www.deir.qld.gov.au
    SA - http://www.service.sa.gov.au
    WA - http://wa.gov.au/governmentservices/jobseconomy
    TAS - http://www.service.tas.gov.au
    NT - http://www.nt.gov.au
    ACT - http://www.act.gov.au
• subscribing to our monthly newsletter, Work 'n' Care, for regular information and support regarding the issues facing working carers.

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