The San Francisco Board of Supervisors and Mayor Ed Lee have officially approved the Family-Friendly Workplace Ordinance, which applies to employers who regularly employ 20 or more employees, including an agent of that employer and corporate officers or executives.
The ordinance provides an employee who has been employed for at least six months and works at least eight hours per week regularly, the right to request a flexible or predictable working arrangement to assist with caregiving responsibilities for a child or children for whom the employee has assumed parental responsibility; a person or persons with a serious health condition in a family relationship with the employee; or a parent age 65 or older of the employee.
An employee may request a change in the employee’s terms and conditions of employment as they relate to:
- the number of hours the employee is required to work
- the times when the employee is required to work
- where the employee is required to work
- work assignments or other factors
- predictability in a work schedule.
An employer to whom an employee submits a request under the Family-Friendly Workplace Ordinance must meet with an employee making the request within 21 days of the request. The employer may grant or deny a request for flexible or predictable working arrangement. Moreover, the employer is required to explain the denial in written response within 21 days that sets out a bona fide business reason for the denial, notifies the employee the right to request reconsideration by the employer and includes a copy of the text of that section in the ordinance.
Bona fide business reasons may include, but are not limited to the following:
- the identifiable cost of the change in a term or condition of employment requested in the application, including but not limited to the cost of productivity loss, retraining or hiring Employees, or transferring employees from one facility to another facility
- detrimental effect of ability to meet customer or client demands
- inability to organize work among other employees
- insufficiency of work to be performed during the time the employee proposes to work.
The City and County of San Francisco Office of Labor Standards will make available to employers, in all languages spoken by 5 percent of the San Francisco workforce, a notice for posting by employers in the workplace informing employees of their rights under this ordinance. Every employer is required to retain documentation required under the ordinance for a period of three years from the date the request for a flexible schedule or predictable working arrangement. The agency has the authority to access such records, with appropriate notice and at a mutually agreed time, to monitor compliance with the ordinance. If the employer fails to keep proper documentation in adherence to the ordinance, the employer is presumed to have violated the law, absent clear and convincing evidence otherwise.
The agency’s findings of a violation may not be based on the validity of the employer’s bona fide business reason for denying an employee’s request for a flexible or predictable working arrangement. Instead, the agency’s review will be limited to an employer’s adherence to procedural, posting and documentation requirements, set forth in the ordinance.
Click here to view the ordinance now.
For more information, contact Javier Gonzalez, director of government affairs, at 408.416.69344 firstname.lastname@example.org.