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FLEXIBLE WORK ARRANGEMENTS (FWA)
MODEL POLICY
Preface1
The Law Society of Alberta recognizes that lawyers may, for reasons including work-life balance, family responsibility, or other
interests, desire flexible work arrangements that restructure or reduce the time devoted to work or that allow the individual to
work from locations other than the office of the firm. This Model Policy on flexible work arrangements is made available to
encourage and support lawyers of Alberta to develop best practices to enhance a law firm’s ability to recruit and retain lawyers
with diverse goals and needs.
Flexible work arrangements can take many forms. Advances in technology make it feasible for many lawyers to practice from
locations other than the law firm’s offices. Law firms are implementing various types of flexible work arrangements, including
full-time; flex-time arrangements; reduced-hour and contractual/ hourly arrangements; job sharing; and changed roles within
the firm without direct client responsibility.
This Model Policy recognizes that different firms will have different goals and may choose different approaches to promote
flexible work arrangements. Therefore, some firms may choose to implement a detailed policy, while others may adopt broad
statements of commitment and purpose (as is set out at the beginning of the Model Policy) and deal with individual requests
on a case-by-case basis.
This policy has drawn upon a number of policies and publications including: the publication of the Commission on Women
in the Profession of the American Bar Association and published in Lawyers and Balanced Lives: A Guide to Drafting and
Implementing Workplace Policies for Lawyers (First edition 1990: ABA, Chicago); Lawyers and Balanced Lives by the ABA
Commission; the Law Society of British Columbia’s Model Policy: Flexible Work Arrangements; and the Law Society of Upper
Canada’s Guide to Assist Law Firms and Lawyers in Developing Successful Flexible Work Arrangements; and The Law Society of
Alberta’s Alternative Work Schedules: Guidelines for Law Firms.2
1 This Model Policy does not contemplate the duty to accommodate for reasons of disability.
2 See also: Women’s Bar Association of the District of Columbia’s Guidelines on Family and Medical Leave and Alternative Work Arrangements and Flexible Working Arrangements published by the Ontario Women’s Directorate and Camco Inc.
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MODEL POLICY
1. Statement of commitment
[Name of Firm] recognizes that despite strong commitment to the practice of law and career advancement, a lawyer may
find that outside circumstances and obligations such as family responsibility, work-life balance, or other interests necessitate a
temporary or permanent flexible work arrangement. A flexible work arrangement may include restructuring or reducing the
time devoted to billable client work and allowing the individual to work from locations other than the office of the firm. The
firm strongly believes that lawyers can and will remain committed professionals while working in a flexible work arrangement,
and that such arrangement will not affect lawyers’ opportunities for professional growth, experience, and career advancement.
2. Definition
“Flexible arrangement lawyer” means a lawyer who has negotiated a flexible work arrangement with the firm.
3. Purpose and commitment
The firm’s primary purpose in providing flexible work arrangements is to attract and retain lawyers whom we value while
promoting and supporting diversity and excellence in the practice of law by including lawyers who choose flexible work
arrangements. The firm will work with the requesting lawyer (who may be an associate or a partner) to develop a reasonable
flexible work arrangement.
The firm and the flexible arrangement lawyer will ensure there is clear communication regarding the flexible work arrangement
and the lawyers within the firm will respect the availability of the flexible work arrangement lawyer. At the same time, it is
equally important that the flexible arrangement lawyer remains willing to, when required, work irregular hours, travel, work in
highly concentrated periods of time or participate in non-billable professional and business development activities. Progress
toward partnership, increasing responsibility in the firm and continued inclusion in the partnership may depend on the ability
of the flexible arrangement lawyer to demonstrate a reasonable amount of accommodation with respect to unforeseeable needs
of the firm in light of the specific work arrangements.
4. Eligibility and duration
Partners and associates are eligible to use this policy. [Option - Associates must have been employed by the firm for
______________________ consecutive months (not including a maternity or parental leave) before becoming eligible
for a flexible work arrangement.]
In considering proposals, the firm will be guided not only by the lawyer making the request, but also by the overall size of the
firm and needs of its clients. There is no predetermined limit to the number of lawyers who will be permitted to work under
a flexible work arrangement at the same time, nor is there a predetermined minimum or maximum period that a lawyer may
spend in a flexible work arrangement.
Approval and termination of a flexible work arrangement is at the sole discretion of the firm.
The firm, when terminating any flexible work arrangement, will give sufficient notice to the flexible arrangement lawyer to
enable that lawyer to make appropriate alternative arrangements.
5. Flexible work arrangements
5.1 Types of arrangements
Flexible work arrangements that may be considered by the firm will vary based on the individual circumstances and can take
whatever form the lawyer and the firm agree upon, however, the most common examples include the following:
Full-time arrangements:
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Flex-time — Flex-time is a rearrangement but not a reduction of office hours. It includes compressed time in which a lawyer
handles a full workload and is expected to work a set number of hours per week but with the times in which such work is to
be accomplished set to alternative hours (i.e. longer compressed work days for less than a full work week or shorter work days
but with additional hours made up in evenings or weekends), instead of a normal work day. The lawyer remains responsible for
a full workload and is generally entitled to full compensation but there is an agreement on the part of the firm and the lawyer
as to when the workload is to be accomplished by the lawyer and when the lawyer will not be available which varies from the
firm’s standard expectations.
Flex-place — Flex-place is an arrangement under which the firm agrees that some or all of the lawyer’s responsibilities may
be handled at home or some other agreed-upon location outside of the firm’s offices. The lawyer remains responsible for
a full workload and is entitled to generally full compensation but is not expected to maintain the typical office presence.
Responsibility for provisions and the payment of costs of the lawyer’s work resources (such as technology) to be used outside of
the office should be included in the discussions of this arrangement.
In both Flex-time and Flex-place arrangements, there should be consideration of any core hours in which the lawyer is expected
to be in the office. There should also be communication of the lawyer’s full workload expectations to the firm to avoid a
perception of decreased workload expectations due to the lawyer’s reduced presence in the office during standard office hours.
Reduced hour arrangements:
Reduced work schedule — A reduced work schedule is a work arrangement in which the lawyer works reduced hours. The
arrangement may be structured in any number of ways, including specifying a reduced number of hours, days in a week, weeks
in a month, or months in a year that a lawyer will work, specifying the size or type of the lawyer’s file or transaction load,
or reducing the annual billable hour target the lawyer is expected to meet. The lawyer will receive reduced compensation,
generally negotiated in a manner reflective of the decreased workload and increased proportional overhead costs to the firm of
the arrangement.
Job sharing — Job sharing is an arrangement in which two or more lawyers share a position and are paid proportionately
for their share of the work though they may be paid at differing salaries based on experience or other distinguishing factors.
Typically the sharing lawyers will also share work resources such as an assistant and office space. As this arrangement involves
more than one lawyer, the arrangement may require a less flexible degree of commitment to the arrangement by both the firm
and the involved lawyers but can provide efficiencies in overhead costs and workload coverage.
5.2 Parameters
There is wide latitude in designing a flexible work arrangement, which may include any of the above, providing the lawyer
agrees to:
(a) maintain fairly regular or predictable core office hours or core hours of work and to communicate these days /
hours and any changes to his or her colleagues;
(b) remain in contact with his or her assistant or to be reachable on a reasonable basis during off hours in case of
an emergency;
(c) remain reasonably willing to accommodate unusual work demands; and
(d) strive for continuous improvement and to participate in non-billable professional and business development
activities of the firm.
The firm will expect a flexible arrangement lawyer to be available outside the flexible arrangement only when reasonably necessary.
6. Associate compensation and benefits
6.1 Salary
Compensation arrangements may be negotiated by the parties or determined by the firm, having regard to:
(a) the work to be performed;
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(b) the associate’s expected contribution to the firm; and
(c) the increase or reduction of overhead costs resulting from the flexible work arrangement.
6.2 Benefits
Where possible, the firm will continue to provide an adjusted benefits package while the flexible work arrangement is in effect. It is
the responsibility of the flexible arrangement lawyer to determine his or her eligibility for benefits when working reduced hours.
The flexible arrangement lawyer’s expense allowance will be adjusted as necessary.
7. Partner compensation and benefits
7.1 Partnership Compensation
Equity and Non-Equity Partners are equally eligible to use this policy.
Partnership compensation for flexible arrangement partners will be determined in the same manner as for other partners,
taking into consideration the same factors that apply to other partners and making reasonable adjustments to reflect the flexible
work arrangement.
7.2 Benefits
Where possible, the firm will continue to provide an adjusted benefits package while the flexible arrangement is in effect. It is
the responsibility of the flexible arrangement partner to determine his/her eligibility for benefits when working reduced hours.
8. Career advancement and eligibility of associates for partnership
The firm has a keen interest in the long-term career development of all lawyers. Therefore, to the extent reasonably possible,
there should be no difference in the quality of work given to flexible arrangement lawyers and no difference in the firm’s
attitude toward their professional development.
The firm will make available to the flexible arrangement lawyer opportunities for professional enrichment and advancement and
the flexible arrangement lawyer will recognize that such opportunities may, at times, interfere with the flexible work arrangement.
The fact of participation in a flexible work arrangement will not, in itself, influence the decision of whether or not the associate
is to be admitted to partnership.
Timing of consideration for partnership shall be determined through the evaluation process on a case-by-case basis. All
associates, whether full-time or flexible arrangement, must possess the attributes of a partner.
Admission to partnership will be determined through the normal process.
9. Process: requests for flexible arrangement status
When necessary, the firm may appoint an advisor to work with lawyers seeking to be approved for, or who wish to remain on, a
flexible work arrangement. The advisor may assist lawyers seeking approval or renewal of such arrangements in preparing their
requests, and may, together with [the designated authority in the firm, usually the managing partner or the department
head], act as a liaison between the requesting lawyer and those he/she works with in making the flexible work arrangement successful.
All requests for changes in work arrangements (whether on to, or off of a flexible arrangement) should be submitted in
writing to [the designated authority in the firm, usually the managing partner or the department head]. The process for
developing a proposal and implementing an arrangement might include the following steps:
(a) Informal discussion - an informal discussion should take place between the requesting lawyer and [the
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designated authority in the firm, usually the managing partner or the department head] to discuss the
request prior to development of a written proposal.
(b) Written proposal - the requesting lawyer should submit a written proposal to [the designated authority in the
firm, usually the managing partner or the department head] that includes the following information:
(i)
proposed work schedule (days worked/available, plan for working outside arrangement as needed);
(ii)
anticipated length of flexible work arrangement;
(iii)
proposed annual target billable hours;
(iv)
target non-billable hours and nature of non-billable activities;
(v)
management of work and provision of high quality legal services to clients:
(1)
current and anticipated workload;
(2)
current and anticipated sources of work;
(3)
how work will be shared;
(4)
how file responsibilities will be managed (including urgent work matters); and
(5)
changes to work routine.
(vi)
administrative and technology requirements (office space, support staff, remote access, etc.);
(vii)
mentoring and continuing professional development needs;
(viii) expected impact, if any, on career advancement;
(ix)
compensation expectations; and
(x)
benefits expectations.
(c) Consideration and consultation - the [designated authority in the firm, usually the managing partner or
the department head] will review the submitted proposal and consult with relevant stakeholders to determine
whether the proposal is reasonable and acceptable to the firm. Relevant factors may include:
(i)
sources and nature of work available to the lawyer during a flexible work arrangement;
(ii)
whether the specific practice lends itself more or less easily to such an arrangement;
(iii)
support from partners in making a flexible work arrangement successful;
(iv)
any resources the requesting lawyer may require with respect to mentoring, leadership and practice
development opportunities offered by the firm;
(v)
tools and resources that may be required to allow the requesting lawyer to work effectively on a
flexible work arrangement; and
(vi)
the performance to date of the requesting lawyer.
(d) Decision - the [designated authority in the firm, usually the managing partner or the department head]
will communicate the firm’s decision to the requesting lawyer (whether approved, denied, or approved with
modifications).
(e) Implementation - a recommended trial period of 6 months will commence once a flexible work arrangement
begins. The arrangement will be reviewed periodically during this period. Unless otherwise agreed, once the
trial period is over, the change will become permanent and the arrangement reviewed as part of the regular
performance evaluation process.
If, as part of the review, it is determined that the hours worked by the lawyer are substantially in excess of or below the agreedupon percentage, or if the flexible arrangement lawyer’s professional development is being materially impeded, the review will
include a discussion of hours, compensation or other adjustments required to address these concerns.
10.Period of Review
The firm will review this policy annually. Inquiries regarding flexible work arrangements can be directed to [designated
authority in the firm, usually the managing partner or the department head].
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