Know your Workplace Rights

This post was originally published in Feb 2020 and is regularly reviewed and updated. Last updated: 4 August 2026.

We are sometimes asked what rights people with Idiopathic Hypersomnia and Narcolepsy have in the workplace. The following is a general guide. For more information, contact the FairWork Ombudsman.

Fair Work Information Statement

Every new employee in Australia must receive a copy of the Fair Work Information Statement (FWIS) before, or as soon as possible after, they start a new job.

The FWIS provides information about minimum workplace rights and entitlements, including flexible working arrangements and protections from discrimination. You can view and download the current FWIS here. Further information about the FWIS can be found here.

Requesting flexible working arrangements

Employees who have worked for the same employer for at least 12 months may be eligible to request flexible working arrangements if they:

• are the parent of, or have responsibility for the care of, a child who is school aged or younger

• are a carer within the meaning of the Carer Recognition Act 2010

• have a disability

• are 55 or older

• are pregnant

• are experiencing family and domestic violence

• provide care or support to an immediate family or household member who is experiencing family and domestic violence.

  
  

Casual employees may also be eligible if they have worked regularly and systematically for the same employer for at least 12 months and reasonably expect that work to continue.

Flexible working arrangements may include changes to working hours, start and finish times, work patterns or work location.

A request must be made in writing and explain the changes being requested and the reasons for them. The employer must respond in writing within 21 days.

An employer can only refuse a request on reasonable business grounds. Before refusing, they must discuss the request with the employee, genuinely try to reach agreement on alternative arrangements and consider the consequences of refusing the request.

If a request is refused, the written response must explain the reasons, outline any alternative changes the employer is willing to make and provide information about taking the matter to the Fair Work Commission. The Commission may help resolve disputes and, in some circumstances, make binding orders. More information about requesting flexible working arrangements, including examples of reasonable business grounds, can be found here. Do you have a disability?

People with disability have the right to the same employment opportunities as everyone else. An employer must not refuse to employ someone, dismiss them or disadvantage them at work simply because they have a disability.

Employers should choose the best person for the job, whether that person has a disability or not. Their decision should be based on the person’s ability to perform the essential activities—or “inherent requirements”—of the job. They should not make assumptions about what someone can or cannot do because of their disability.

For example, an inherent requirement of working as a social worker may be the ability to communicate and work with clients. Driving a car is not automatically an inherent requirement of being a social worker. If the role involves travelling to meet clients, the employer should consider whether this can be done another way or through a reasonable workplace adjustment. A person should not simply be ruled out because a medical condition prevents them from driving or places restrictions on their licence.

An employer may also be required to make reasonable workplace adjustments so that a person with disability can perform the inherent requirements of the job, unless doing so would cause unjustifiable hardship.

For someone living with Idiopathic Hypersomnia or Narcolepsy, reasonable adjustments might include:

• changes to start and finish times

• changes to shifts or work patterns

• working from home where appropriate

• additional or scheduled breaks

• reducing hours or job sharing

• changes to particular duties or work processes

• alternative arrangements where driving is not an essential part of the job.
  

What is considered reasonable will depend on the person’s needs, the actual requirements of the job and the employer’s circumstances.

The requirement to have worked for an employer for 12 months applies to the formal right to request flexible working arrangements under the Fair Work Act. It does not mean an employee must wait 12 months before requesting reasonable adjustments or being protected from disability discrimination.

Do you have to tell your employer?

In most circumstances, you are not legally required to tell an employer or prospective employer about your diagnosis. Whether you disclose it is a personal choice.

If you need workplace adjustments, your employer will generally need enough information to understand how your condition affects your work and what adjustments may help. Disclosure may also be necessary where the condition affects your ability to perform the inherent requirements of the job safely.

For further information, see the Australian Human Rights Commission’s brief guide to the Disability Discrimination Act 1992 (Cth) here. The guide also provides links to relevant state and territory agencies.

This information is general in nature and should not be considered legal advice.