Your Flexible Working Hours Rights - Public Service Association

Your Flexible Working Hours Rights

The PSA reminds our School Psychologist members of your entitlement to flexible start and finish times and to reasonably accrue and request flex leave, as per the Flexible Working Agreement 2019 between the NSW Department of Education and the PSA.  Since staff have been directed to work from home in accordance with Public Health Orders, where it is reasonably practicable to do so, all of your Crown entitlements and conditions of employment remain in place.

Concerning your Flexible Working Agreement 2019, the PSA advises members of the following:

  1. Remote working/working from home has nothing to do with access to flexible start and finish times and accrual of flex leave.  Your entitlement to flexible start and finish times and accrual of flex leave is on a business-as-usual basis, as per the Flexible Working Agreement 2019.
  2. Be sure to keep and record on your timesheet, accurate actual hours worked, as this is a legal, auditable record and a Work Health & Safety issue providing evidence of workload. Inaccurate recording could be a serious issue.
  3. Limiting daily flex accrual to for example, thirty minutes a day, is not contained in the Agreement. Management cannot unilaterally direct employees to limit their working hours to 7 hours per day and/or flex accrual to half an hour per day, where it is reasonable for employees to manage their workload/meeting operational needs.
  4. A general excuse of “operational requirements” does not justify a manager unilaterally imposing additional arbitrary rules, (not contained in the Agreement) – rules that deny employees access to their flexible working entitlements.
  5. It is a managerial responsibility and skill, to effectively manage teams to meet operational requirements whilst at the same time facilitating flexibility on an “If not, Why not?” basis.

If you are advised that you cannot access flexible start and finish times and/or cannot accrue flex time, you can:

The PSA has and will continue to enforce the flexible working hours rights of our members, and when breaches are occurring, we will directly raise it with the Department of Education.

Do you know someone who still needs to join the PSA?

You can support the work of the PSA and delegates to get better outcomes for School Psychologists by asking your colleagues to JOIN the PSA.




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