More and more employees are asking whether they can request flexible working arrangements or remote work when they have young children.
Following recent amendments to the Labour Code, this right has been extended and now applies to parents and adoptive parents of children up to 12 years of age.
However, an important clarification must be made: this is not an automatic right, but rather a possibility to submit a request, which is subject to the employer’s assessment.
❗ What Rights Do Parents Have
Under the current legal framework, an employee with a child up to 12 years old may propose changes to their employment conditions in order to better balance professional and personal responsibilities.
These may include:
– flexible working hours
– reduced working time
– remote work (home office)
– different work schedule arrangements
– other suitable adjustments
⚖️ This Is Not an Automatic Right
One of the most common misconceptions is that the employer is obliged to accept such a request.
In reality, any change can only be implemented by mutual agreement between the parties.
The employer has the right to refuse if there are objective reasons related to the organization of work, the nature of the role, or other business considerations.
🕒 Obligation for a Written and Reasoned Response
Even though the employer is not obliged to accept the request, they are required to:
– review the request
– provide a written response
– give reasons for their decision
👉 The deadline for this response is 14 days.
This obligation is essential, as it ensures transparency and protects the employee.
⚠️ Can a Refusal Be Challenged
The Labour Code does not provide for a separate procedure to challenge such a refusal.
However, if the refusal is discriminatory—for example, if only certain groups (such as women with children) are treated differently—protection may be sought under the Protection Against Discrimination Act.
👩💼 What This Means for Employers
For employers, these changes mean that they should:
– review internal policies
– introduce clear procedures
– ensure consistent treatment of similar cases
– properly document decisions
This helps reduce the risk of disputes and legal claims.
📌 Conclusion
Parents of children up to 12 years old have the right to request flexible working arrangements, but they cannot impose them unilaterally.
At the same time, employers are required to consider such requests seriously and respond with proper justification.
Achieving a balance between business needs and employees’ personal responsibilities is key.
❓ Frequently Asked Questions
Can an employer refuse remote work?
Yes, if there are objective reasons, but the refusal must be provided in writing and justified.
Can I require flexible working hours?
No, such changes can only be agreed upon mutually.
❗ Disclaimer
This article is for informational purposes only and does not constitute legal advice. Each case has its own specifics and requires an individual assessment.
If you are facing a similar situation—whether as an employee or an employer—timely legal advice can help you avoid significant risks and costs.
📩 For assistance: givanova@ivanovalegalsolutions.com
