Legally obligated to tell or answer?

Legally obligated to tell or answer?

I am currently working 4 10-hour days per week at a corporate company. I just got a new manager (moved over from a different group and has worked with the company for several years).

When we talked about it a few days ago, she almost seemed jealous that I was able to work this type of schedule and made the comment that she “had been wanting to work this for a long time.”

She’s much older than I am, is know to be a workaholic, and is very much in that mindset of ‘working longer hours appears to be more productive or make you look like a harder worker.’

I have been working this schedule for a year, and was approved with my previous manager. My work has not suffered at all (I feel like I’m more productive!).

QUESTIONS:

Am I legally required/obligated to give her reasons or tell her WHY I am working this type of schedule?

Is there a list of questions company can/can’t legally ask you in general?

I just want to cover myself and avoid retaliation of any kind.

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26 Comments

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  1. Kat

    Your reaction to her comment is both extreme and premature. It may have been an idle comment because she's management and doesn't have that flexibility. But you are turning it into a personal attack. You're assuming because she mentioned it that you will be forced to change your schedule. Further, you're assuming that if you try to justify your schedule, she will retaliate against you. Why do you think that? You're getting ahead of yourself. Has she mentioned changing your schedule? Has there been a larger discussion in your area/dept/work group about changing schedules? If not, then don't worry about. Keep doing your job. Don't mention it, bring it up or try to justify it. If she does discuss changing your schedule, talk numbers. Explain how your productivity has increased (by whatever metrics your company uses) and how that has added value to your job and to the company. Schedules are not a legally protected category. Only things that can cause discrimination (age, religion, marital status, etc.) are legally protected. Not sure why you brought that up, unless your schedule is designed to accommodate a documented disability. If that's the case, it's an HR issue. If not, keep to your current schedule. If you have to change your schedule back, see if you can make it work. If not, look at transferring to a different area of your company or find a different company that has flexible scheduling.

  2. Anonymous

    Thanks for the input! Do you think I should send a follow up email to just get it in writing about my work schedule?

  3. Kat

    At this point, let it go. If you don't bring it up, she might not either. As a back up plan, gather documentation about your current schedule and keep it in a file. That way, if it ever comes up, you'll be prepared with written documentation about your schedule. Even if it's just an email to/from your old boss saying "this is my new schedule as of (x) date" or a letter from HR showing the schedule change, include it. If you have any emails that discuss changing the schedule and why, include that. Anything (emails, performance reviews, notes from clients/co-workers, etc.) showing positive outcomes after the change should be included. You probably won't need any of this, but it's good to have it ready to go in case you need to discuss your schedule with her more formally.

  4. Anonymous

    +1.
    This is fantastic advise. Totally agree on the extreme and premature aspect.

    Ive noticed in a lot of fairgodboss posts that the poster often assumes nefarious intent by their manager without having a) given them the benefit of the doubt, b) taking steps to ask clarifying questions and c) understand the roles/responsibilities/priorities of the manager. I’ve noticed that people conflate the role of a manager to one of a peer and that is simply not the role of a manager, by design. They are responsible for ensuring max performance by the team and can use any remedies to ensure that. Full stop. We’d all do well to remember that.

  5. Anonymous

    A lot of times we assume nefarious intent because we've learned not to trust upper management. They'll tell us one thing and then do the opposite.

  6. Anonymous

    Mmmm. That sounds like passing the buck, not leadership. It is your ownership and willingness to create deep, lasting relationships that will help to pave the way.

  7. Maggie Stone

    I agree with most of the advice, but I don’t see anything that indicated that the poster’s reaction was “extreme and premature,” or the poster was taking this as a “personal attack” The poster was really asking can this manager change my schedule and what do I need to do to stop that?

    To the OP, I definitely would document and share your productivity and make sure you are doing more than what’s required. This seems like jealousy that comes from working a different schedule than everyone else on the team. Which is not your problem. That should have been considered when the schedule was approved.

  8. Anonymous

    If your manager proposes changing your schedule to a conventional 5-day one, it would behoove you to persuade her otherwise.

    For the moment, I would suggest documenting the productivity enhancements associated with your 4-day schedule and sharing these with your manager when appropriate (ie if a schedule change is proposed.)

    If your manager would like to try out a 4-day schedule for herself, your documentation of your heightened productivity might be helpful to her. That would help to align you and your manager— always a good thing.

    By the way, do I detect a hint of contempt for your new manager’s age and work ethic? That’s not a helpful or productive attitude. You’ll do better if you respect her experience and try to learn from her. Let me also mention that your much older manager helped to bring women into corporate America, thus paving the way for you.

  9. Anonymous

    My team may be facing this--having their 10 /4 per week schedule taken from them--thank you for this idea to have them document their productivity enhancements to prove they more than adequately meet their goals.

  10. Bosslady579011

    I agree with and appreciate this response.

    I am one of those who is “much older”. When I was starting out in my profession, like most women, there was tremendous pressure to prove our worth and value in the workplace, and many of us did so by working extra, going above and beyond, doing twice what our male colleagues did, to be considered just good enough. And then we carried those habits throughout our career and many became workaholics. All of us were and remain actually quite tired.

    all of this is to explain that your older manager might be reaching a point of enlightenment where she is ready to apply more sanity to her life and cut herself a break. She might be looking for ways to structure more balance for herself.

    my point is: try not to assume the story behind her interest in the schedule, it might be that she simply sees value in a new approach.

    I hope this helps.

  11. Anonymous

    Your manager can change your schedule at any time so if you have a special accommodation for working a certain schedule then I would share it so she can consider the accommodation before trying to change your schedule.

  12. Anonymous

    I would go so far as to say she is absolutely going to change your schedule so if HR is an option, hurry up and secure your documentation and lock it in and maybe, just maybe, it'll be enough to save your preferred hours.

  13. Anonymous

    I personally see this as a non-issue and perhaps you might be reading too much into it--unless there is more information you're omitting. If not, continue doing what you've been doing. Working a 4x10 is the same as an 8x5 = not a big deal.

  14. Crystal Howell

    No, I would refer her to HR, it was approved by management and HR.

    She probably doesn't want to go home, so she works longer hours, too sad.

  15. Anonymous

    I would caution against the “take it up with HR” approach as an opener. It can (and often does) make it difficult to build a productive relationship with a person afterward. If you try gentler methods and options are limited, sure… do what you must.

  16. Connie Chaffins

    Sounds like you might be missing an opportunity to use your expertise to help her migrate her own (or the entire team's) schedule to a 4x10. You might try telling her how much you have appreciated this schedule, how productive you have been and FURTHER how you might be able to help her create a case for more of you to do so. Don't miss your 'rock star' moment by not offering to help her with the business justification for more flexibility in scheduling. Sounds like you are a good case study to expand the opportunity.

  17. Shelby C

    YES!

  18. Anonymous

    I recently read a study where companies implemented 4 day work weeks and tracked results.
    Employees were happier, more productive, and produced higher quality work. I'll try to find it, but you can also google it and find similar info. This may help persuade her.

  19. Anonymous

    Legally is - hmmm. I work for a state agency, if we want flex hours like this, we have to fill out a form and submit for approval. It is good for a year, so we must reapply every year. They asked where we live, how from office we are and why we wanted this schedule. Saying anything about work-life balance WAS NOT a good answer. BUT, saying I need to be home 3 days a week because I care for elderly (or other) family member is usually okay. Just be aware, that usually your manager must sign off first before it goes to HR, so if she doesn’t like your hours, she is probably allowed to take them back and tell you 5 days a week.

    While giving employees the reasonable hours/accommodations they ask for it usually a good move for the company, you don’t always get reasonable people making the decisions.

  20. Anonymous

    To answer some of your questions, companies can’t ask you questions about your sexual orientation, whether it not you plan to have additional children in the interview stage, your disabilities, etc.

    it is perfectly legal for your new manager to discuss your work schedule with you as part of learning about you, your work, and the department. She would be derelict in her duties if she did not. I would think a refusal to answer would be a super weird thing for an employee to do, speaking as a manager and to say that it would be on legal grounds would strike me as someone who has something to hide.

    Answer the question. Start a dialogue. Be open & honest about your productivity - it sounds like she is trying to do her due diligence. I would not automatically assume Bad intent.

  21. Anonymous

    Don't overthink this, it's just a conversation about hours,

    and not about salary

    ( which is taboo)or anything,from what you described. Tell her to talk to her HR about how to put in for a schedule change in her own hours,she might be thrilled because she didn't think of it. Sometimes management means helping with directions or recipes,that can help fellow workers, share in an increase of happy working conditions. Sounds like she appreciates you and your happiness with work ,not jealous. You are a glorious example it can be accomplished ,and some of the older school employees have always suspected it can be done ( without killing ourselves,with an insurmountable amount of hours /days )but wondered how it's done and what it looks like ,Thank you for confirming the new school thinking outside of the box , about work ,is much better and kinder and fruitful too,Amen!!! God bless you for helping the older ones change and thrive easier too,you are awesome!!!

  22. Anonymous

    It is normal and appropriate for a new manager to understand the existing working hours of her new employees. As well, you may need her support to continue. My organization offers this kind of flexible arrangement - both a 9-10 and your 4-5 version- but it is supervisor discretion, since the supervisor knows if it is appropriate to the workforce requirements.

    I also sincerely recommend that you moderate your commentary about your supervisor's age. Ageism is an ugly form of discrimination. It is also immaterial if your supervisor works a lot of hours as long as your conditions are good - so I would also set aside remarks such as workaholic.

    So far, unless something is left out, your supervisor has spent time learning about you, expressed a positive comment about the 4-5 situation, and is known to put a lot of time in her job. Give her some slack personally and perhaps focus on helping her make the case that would allow others the working arrangement that you have. It can be fantastic for morale and productivity,n as you note.

  23. Anonymous

    This is a forum where people should be able to freely express their feelings and workplace-related frustrations about the people they work with. Even if a poster uses terms that someone else considers "inappropriate", they don't need to be criticised for doing so.

  24. Anonymous

    i don’t see this as criticism so much as helping the original poster frame her comments in a different light. Ageism is often unintentional but can be hurtful, so this was a helpful comment. Just because someone expressed a feeling doesn’t make it not a problematic behavior in the workplace.

  25. Anonymous

    It's still a criticism. I think the original poster made reference to her boss being older, mostly to put the situation in context. Different generation, different workplace values. You can many articles on this topic in workplace-related newsletters/magazines. In the end it's less to do with age than it is to do with values.

  26. Anonymous

    I would say to her, knowing that she likes to be involved directly more days than you do, that you understand that this wouldn't work for everybody, that you know that different people have different outside commitments, but that for you, focusing for more hours a day, and then having an extra day outside of work to focus on your personal life makes you more productive. Thank her for her interest. And do realize that people have different work and life styles that work for them just as yours works for you!

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