I’m not sure if recent changes in Australia will provide a suitable model for the US, but we have certainly taken a step forward with the “stick” approach by introducing the legislative “right to request” flexibility for certain categories of employees (namely those with young children, or a child with a disability). Well perhaps it is more like a twig, given that eligible employees cannot litigate a refusal easily.

More positively, what the new legislation does do (effective 1 January 2010) is provide a platform for employees to talk about their flexible work practice needs with their employer - and an employer must accede to a request unless it can demonstrate “reasonable business grounds” to the contrary. This will require employers to make decisions based on evidence - and that alone is a positive step forward.

For more information see a blog I wrote on http://www.workplaceflexibility.com.au/new_right_to_request_flexibility_in_Australia.html