How to get approval to work flexibly

Returning to work after having children isn’t just a calendar decision. It’s a negotiation.

And if I’m honest, it’s one of the most emotionally loaded professional conversations you’ll ever have.

I know, because I lived it.

I was returning to a senior, revenue-driving role. I had two children under three. I was still breastfeeding. I lived two hours from the city. And like many parents, I was being asked to “return to normal”, at a point where normal simply didn’t exist yet.

I wasn’t asking to step back from my career. I was asking to **stay in it**.

So instead of apologising or hoping for goodwill, I formally requested flexible work.

Not emotionally, but strategically.

And this guide exists so you don’t have to guess your way through that conversation.

 

What I Learned the Hard Way

Flexible work requests succeed when they are framed as a **performance solution**, not a personal one.

When I approached my employer, I didn’t lead with:

– childcare shortages
– commute stress
– how overwhelmed I felt

Even though all of that was true. Instead, I led with:

– A track record of exceeding targets while working remotely
– Activity levels and output ranking in the top tier of my region
– A clear proposal for how the role could operate across fewer days
– A willingness to review and scale the arrangement as my children became older and less dependent

I made it clear this was not a request to do less work.
It was a proposal to do great work differently.

That shifted the conversation from:

> “Can this employee still do the job?”

To:

> “How do we retain a high performer through a short but intense life stage?”

 

First: Know Your Rights (In Plain English)

Under the Fair Work Act, eligible employees in Australia have the right to request flexible working arrangements if they:

– Are a parent or carer of a child under school age
– Are returning from parental leave
– Have completed at least 12 months of service (or are long-term casual with ongoing expectation of work)

Penelope Parker, Senior Associate at Maurice Blackburn, confirms that these rights are more powerful than many parents realise.

“Parents with children of school age or younger and women who are pregnant may have some powerful workplace rights when it comes to requesting flexible workplace arrangements.”

And importantly, employers can no longer simply say no.

“Flexible work can’t be refused on a whim anymore. Employers can’t knock back flexible work requests just because they’d *prefer* you work in a different way. They must demonstrate, with real evidence, that what you are proposing won’t work or is too expensive for them to accommodate.”

There is a clear legal test an employer must meet before a refusal is valid. As Parker explains:

“Your employer can only refuse if they have *reasonable* business grounds; have discussed it with you first; and have genuinely tried to reach agreement with you.”

Important things most parents don’t realise:

– Your request does **not** need to be permanent
– It can be **time-bound**
– It can be reviewed and adjusted
– It can be scaled back as your child becomes less dependent

The law exists because early parenting is recognised as a distinct stage of life.

But the law alone won’t get you to yes. Strategy will.

 

What Happens If Your Employer Says No?

A refusal isn’t necessarily the end of the road – and it’s worth knowing exactly what your options are.

“If they don’t respond to your request, or you don’t think the reasons for the refusal stacks up, you can file an application with the Fair Work Commission.”

And that application has teeth. Parker notes that the Commission has real power to override an employer’s decision:

“If the Commission finds that the employer does not have reasonable grounds for refusing the request, it can order the employer to *grant* your request. That means, the Commission has the power to overturn your employer’s decision to reject the request.”

This has already played out in real cases. In one recent Fair Work Commission decision, an employer argued their employee needed to be in the office to remain productive. The Commission disagreed and ordered full-time work from home.

Parker’s view if you find yourself in this position:

“If you don’t agree with your employer’s decision to refuse your request to work flexibly, you should get legal advice, to see whether or not you should file an application with the Fair Work Commission. That way, you will know where you stand.”

And as she notes, every situation is assessed on its own merits:

“It’s important to remember, that every case is different, and will be assessed according to the specifics of your workplace.”

 

The Three Things That Make Employers Say Yes

From an HR perspective, successful flexible work requests share three characteristics:

1. **They are anchored in performance**
2. **They solve a business problem (retention, continuity, productivity)**
3. **They feel low-risk and reviewable**

Your manager’s biggest fear isn’t flexibility. It’s uncertainty.

So remove it.

 

Why “Just Work From Home” Isn’t Always the Best Solution

Many employers hear “flexible work” and assume it means working from home full-time.

And their concerns are often:

– Reduced visibility
– Blurred boundaries
– Interrupted meetings
– Slower output

This is where BubbaDesk becomes part of the solution.

BubbaDesk provides:

– A professional, structured work environment
– Reliable onsite childcare in close proximity
– The ability to attend meetings uninterrupted
– Physical separation between parenting and work
– Maintained routines and productivity

For employers, this means:

– Faster ramp-up after parental leave
– Lower attrition risk
– Clearer accountability than ad hoc WFH
– Higher engagement during working hours

You are not asking to work “around” your child.

You are proposing a structured work solution that supports both performance and family.

That is a very different conversation.

 

How to Position Flexibility as Temporary and Scalable

One of the biggest blockers for employers is the fear that flexibility is permanent.

So remove that fear.

Use language like:

– “This arrangement is intended for the early years while my child is highly dependent.”
– “I’m open to increasing days or adjusting as circumstances change.”
– “Let’s review this at 3 or 6 months.”

You are asking for sustainability, not reduction.

That distinction changes tone entirely.

 

Before You Make the Request: Prepare This

Do not walk into this conversation unprepared.

Have:

– 2–3 clear performance metrics
– A structured weekly plan
– Defined availability
– Agreement on KPIs
– A review timeline

Think like a business owner. Make it easy to say yes.

 

COPY & PASTE TEMPLATES

You can use these immediately.

 

Template 1: Formal Flexible Work Request Email

**Subject:** Request for flexible working arrangement

Hi [Manager’s Name],

As part of my return to work, I’d like to formally request a flexible working arrangement under the Fair Work Act.

My goal is to maintain strong performance while balancing my responsibilities as a parent during this early stage. Based on my prior performance and experience, I’m confident this can be achieved through a structured arrangement that supports both the business and my role.

**Proposed arrangement:**

– [e.g. 3 days per week]
– [e.g. working from BubbaDesk — a professional coworking space with onsite childcare]
– Clear availability during working hours
– Agreed performance expectations and KPIs

This arrangement is intended to support productivity and retention in the short term and can be reviewed as my child becomes older and less dependent.

I’d welcome the opportunity to discuss this further and work through any considerations together.

Kind regards,
[Your Name]

—

Template 2: Talking Points for the Meeting

You can use these as prompts:

– My intention is to maintain output and engagement
– This is structured and reviewable
– BubbaDesk provides a professional environment, not a home setup
– I’m open to scaling this arrangement over time
– I value continuity in my role and long-term contribution to the business

—

Template 3: Post-Meeting Confirmation Email

**Subject:** Summary of flexible work discussion

Hi [Manager’s Name],

Thank you for taking the time to discuss my flexible work request.

As discussed, we agreed to trial:

– [details of arrangement]
– With a review at [date]

I appreciate your openness to exploring an arrangement that supports both performance and sustainability, and I’m committed to ensuring expectations continue to be met.

Thanks again,
[Your Name]

—

Flexible work is not about stepping back. It’s about staying in the workforce in a way that is sustainable, professional and high-performing.

You don’t need to apologise for asking. You just need to ask well.

And if BubbaDesk helps make that conversation easier, that’s exactly why we built it.

 

*Expert legal perspective provided by Penelope Parker, Senior Associate at Maurice Blackburn.*