ABSTRACT

This chapter argues that the United State could benefit from adopting a worker-carer's right to request flexible working law modeled on the UK legislation. Given the similarities between the legal and cultural norms of the US and the UK, the structured process and light touch of the UK flexible working legislation could fit well within the US legal structure. Specifically, a process-based right to request flexibility in the terms and conditions of work would provide a much-needed complement to the US Family and Medical Leave Act of 1993 (FMLA). The chapter outlines the type of flexibility in work which enables worker-carers to manage concurrent work and care obligations. It sets out the development and content of the UK's right to request flexible working law, focusing on the procedural rights as implemented in the legislation and critique of its provisions. The chapter suggests how a procedural right to request flexible working would fit within US labor regulation, specifically within the FMLA.