Working from home: Frequently asked questions

In this day and age, working from home doesn’t need much introduction. Even before COVID-19 rearranged the world, the trend for many people to work a day or 2 from home was well established, and the pandemic has only served to further entrench remote working as part of the regular employment landscape. 

Recent employment trends data from online job marketplace, SEEK, reported that 95% of people want to work remotely for at least one day a week, and in the second quarter of 2022, “work from home” became the top keyword search (eclipsing specific job titles and locations). In response, over 60% of organisations surveyed by SEEK offer hybrid working arrangements.

We frequently receive questions from employers and other members about working from home or remotely, so we’ve put together this blog post to answer them.

We’ll keep updating this page as we get more questions. 

Also check out our blog post on keeping remote workers healthy and productive.

Do I have to allow people to work from home?

Generally, unless flexible working is a term of a person’s employment contract, part of company policy, or mandated by government in response to COVID-19, there is no real obligation to allow employees to work from home.

However, there are an increasing number of matters to consider, such as your health and safety obligations, particularly when managing spikes in COVID-19 cases. Also, there are increasing reports of unions pushing to have the right to work from home included in enterprise agreements and modern awards for white-collar workers. And that’s before you factor in employee expectations that remote work be part of their employment conditions (61% of workers surveyed by SEEK said they would quit their job if they were no longer allowed to work remotely). 

So it’s safe to say that remote working, in some form, will comprise a key element of the employment relationship ongoing. 

Legally, every employee in Australia can request flexible working arrangements at any time, however, under the Fair Work Act, certain employees - e.g. those who have worked with an employer for at least 12 months (or regular casual employees who have worked for you for at least 12 months and have a reasonable expectation of continuing employment on a regular basis) - have a legal entitlement to request flexible arrangements.

The request must be because the employee is either:

• a parent of, or has responsibility for the care of, a child who is school age or younger,
• aged 55 or older,
• a person with disability,
• a carer,
• experiencing family violence, or providing care or support to a family member, or someone they live with, who is experiencing family violence.

Employers are required to discuss written requests with the employee to try to reach an agreement (this is a legal requirement for all Award-covered employers). You must respond in writing within 21 days, stating whether you accept or refuse the request. You may only decline the request on reasonable business grounds - e.g. the role cannot practicably be done outside the workplace, it would be too costly for the business, or it would harm productivity - and you must give the reasons why.

We recommend all employers follow this process for all work-from-home requests, regardless of the employee's legal entitlements.

Also, be sure to check any state or territory laws as they may that give an employee better entitlements to flexible working arrangements, and they will still apply.

If you decline a request for flexible work, consider if there are other ways to boost employee engagement, e.g. further training or career advancement opportunities, benefits and perks, or additional leave policies. 

Do I need a work-from-home policy?

Deciding whether or not you allow employees to work from home (some or all of the time) will depend on your business and the types of work your team members do.

If you are going to let people work from home, having a written policy will help ensure everyone knows the rules and expectations. A wider policy on flexible working arrangements, including working from home, helps with transparency and ensures flexible work requests are handled fairly and consistently.

What should a remote working policy contain?

Firstly, consider what flexible work options you are open to, so you can document the guidelines clearly in a policy. The options could include:

• Employees working from home on an ad hoc basis.
• Employees working from home on particular calendar days.
• Employees working from home on a rotating basis, e.g week on, week off.
• Eligibility criteria if opportunities will be limited to certain roles or teams.
• Certain minimums or maximums, e.g. being at the office at least 50% of the time.

The policy should detail the application process for employee requests and how the business will consider and respond to them. Also include any criteria or conditions for granting requests, e.g. performance indicators.

If you want to introduce mandatory work-from-home arrangements, you will need to run a formal consultation process with all affected employees.

If you need a working from home policy, you can request one from MyHR via additional docs.

How do I respond to a work-from-home request?

Every request should be in writing, which you should formally acknowledge. Your response to the request must also be in writing and it's good practice to document your consideration process.

An online system for handling and responding to requests will make the process easy.

When approving a work-from-request, it's wise to specify:

• What tasks will be performed.
• Hours of work.
• Where the work will be carried out.
• Furniture and equipment needed to do the work.

When granting requests, be clear whether the change is on a trial or temporary basis or whether it is permanent.

How do I manage employees working from home?

All normal workplace rules and policies should still apply regardless of the working situation, e.g. health & safety, anti-bullying or harassment policies, zero-tolerance for drugs or alcohol, absence notification procedure.

When employees are working from home, remember to check in frequently and set up virtual communication tools. Having well-integrated, digital communication and HR systems will help everyone stay connected with a minimum of hassle.

Set clear expectations for availability during work times, as well as performance and productivity to keep the arrangement on track. Define how you will monitor performance and inform employees when they are not meeting expectations.

What are my health and safety obligations?

When employees work from home or another premises, that place is considered a workplace and all work health and safety laws still apply.

In normal business conditions, you should only allow employees to work from home if the health and safety risks have been eliminated or minimised as much as you reasonably can.

Of course, when workers aren't able to come to the workplace, e.g. because of COVID-19 spikes or restrictions, it may not be possible to provide ideal work-from-home arrangements. You should still do your best to look after your people, take a realistic approach, and act fairly.

Remind employees to identify potential elements and factors around their home that could potentially cause them (or their family) harm. Consider electrical equipment, cables, overloaded outlets, slip/trip hazards, excessive noise, lighting, fire hazards, and other people in the work-space.

Find out more about managing work-from-home risks at Safe Work Australia.

How should employees set up their home workstations?

It is important to ensure an employee's home office or workstation is set up correctly. Some key things to consider are:

• Setting up a workstation or office desk in line with ergonomic guidelines, e.g. correct desk and chair heights, adequate equipment spacing.
• Ensuring the employee has a suitably designed chair with adequate lumbar support.
• Reminding employees to take 2- or 3-minute “micro breaks” every half hour.
• Reminding the employee to stretch and move, keep a dynamic posture while working, and spend time working standing up (if possible).

What each worker needs in order to do their job from home will depend on the business and role, but items may include: laptop, monitor, keyboard, phone, headphones, internet connection.

Do I have to pay for work-from-home equipment?

Yes. Under health and safety regulations, employers have a duty of care to take reasonable steps to ensure home workstations meet work health and safety requirements, and this includes providing the equipment to set up a safe home office.

If you cannot provide everything necessary, you can ask your employees to buy items and then reimburse them for these expenses or compensate them for using personal items. It is important to record any agreements and budgets in writing.

To make expectations clear, you should make sure your flexible work policies include the rules about the use, storage and return of equipment, and what employees should do if equipment is faulty, lost, or damaged.

What's the best way for employees to maintain good mental health when working from home?

Working from home or remotely can lead to employees feeling isolated or unsupported. People may also work long or irregular hours, or not take suitable breaks.

Employers should ensure everyone stays in touch with each other (and management) and that there are good communication channels so people can raise issues or reach out for support if they need it.

Self-care when working from home is vital so encourage workers to look after themselves and pay attention to how well they are coping.

Having a routine and structure helps. Set boundaries and expectations about people working usual hours and taking regular breaks, as well as allocating time for micro-pauses, hydration and meal breaks, exercise, and talking with colleagues.

Ensure everyone can also separate work from home life, by working away from the bedroom or family rooms (if possible) and switching off devices at the end of the work day.

Get resources for supporting remote workers at Healthyworkplaces.sa.gov.au.

How do we keep up social interaction when people work from home?

Social interaction is a key component in any good company, and when people work from home it's easy to feel removed from the team. So maintaining connection is really important.

Having good online systems that allow people to connect easily and fluidly is essential. Consider creating a dedicated channel for people to chat, share jokes, or let off steam. It doesn't all have to be about work, all the time.

You can also schedule in regular social catch-ups, e.g. once or twice a week, to share stories, wins, or gripes, or to have a drink (it doesn't have to be alcoholic). Give everyone a chance to have their say and have some fun.