Do you have kids? Three myths and two secrets about returning to work

Hthe secrets and myths about the flexible schedule that all parents need to know: who says it is the lawyer and parental rights consultant Marta Esteves, who explains each of them, at a time when many parents return to work. 

“ Did you know that if you asked for flexible hours and the company to delay responding, it might be beneficial for the worker? And that the only reason you need to apply for flexible hours is to have a child under 12? Most families think that if the company does not respond to the flexible schedule request, it is either standby or refused. And he believes, too, that there are several reasons he must present to ask for this benefit provided for in the Law. However, this does not correspond to the truth ", says the lawyer, in a statement to which the News to Minutes he had access. 

He adds that, “in this return to work, knowing these rights is essential so that working mothers and fathers can resume their daily routines with more information and more tranquility“.

On this path, Marta Esteves reveals – and explains – a set of secrets and myths that all parents have to know on their return to work. Be aware: 

Three myths

• Myth 1: Having to provide a reason or justification

“ The only reason the worker needs to submit his flexible schedule is to have a child under the age of 12 and it is not necessary to provide any further justification than that to the employer. Thus, all the additional reasons that the company may request are contrary to what is described in the Law. Such as:
– Having to present parent working hours
– Having to make a statement from the school with the working hours
– To demonstrate that there is no nearby support network

• Myth 2: Need to renew the application annually

“ There is no need to renew the request for flexible hours every year. Sometimes there are employers who accept the application but only until the end of the current calendar year or for a period of 12 months. However, if the worker applied for the application, for example, until the child is 12 years old, and that request is accepted, it is not necessary to repeat the application annually.”

• Myth 3: Mom and Dad can't have both hours flexible at the same time

“This is also a myth. Article 56 of the Labour Code is clear: the right to flexible hours can be exercised by either parent or both at the same time. There is no legal impediment for both mother and father to benefit from this regime.”

Two secrets

The lawyer explains that “after asking for flexible hours, it is natural for the worker to expect an answer from his employer. But if that does not happen, how should the worker act? Here are the two main secrets around this theme”:

• Secret 1“If the company does not meet the deadline, the request is accepted. If the company does not respond at all, or responds outside the legal deadline of 20 days, it is considered that the worker’s request was accepted exactly as requested.”
• Secret 2: “the request is also accepted if the company does not send the request for an opinion to ISCED within the time limit. If the company does not send the request for an opinion to ISCED within the time limit set by the Law, or does not send it at all, the result is similar to the first situation: the request is considered accepted.”