I requested flexible working to care for my child but was refused without reason. What are my rights?

What the Law Says

EU law does not grant a direct individual right to flexible working, but the Work-Life Balance Directive (2019/1158) requires all EU Member States to implement national laws giving employees the right to request flexible working arrangements for caring for children up to at least 8 years old.

The EU Work-Life Balance Directive (2019/1158) obliges Member States to ensure workers with children up to age 8 (or older, if national law permits) have the right to request adjustments to their working conditions — such as changes to working hours, patterns or location — to care for their child.

This right is implemented through national law. For example, in Ireland it’s under the Parental Leave and Employment Protection Act 2019; in Germany, under §15 of the Federal Parental Allowance and Parental Leave Act (BEEG); in France, under Article L. 1225-57 of the Labour Code. Each country sets its own eligibility criteria (e.g., minimum service period), procedural rules, and appeal mechanisms.

Crucially, the Directive requires that refusals must be 'in writing and duly justified' — meaning employers must provide clear, objective, and proportionate reasons grounded in business needs, not discretion or silence.

Statutory Text

Member States shall ensure that workers with children up to at least eight years of age have the right to request flexible working arrangements.

— Directive (EU) 2019/1158, Art. 9(1)

Sources