On March 14, 2022, the City of San Francisco passed amendments to the Family Friendly Workplace Ordinance (FFWO) that will go into effect on July 12, 2022. The FFWO applies to employers with 20 or more employees, regardless of location, and gives certain San Francisco employees the right to request flexible or predictable work arrangements to assist with caregiving responsibilities. The ordinance has been in effect since January 1, 2014.
Eligible employees who work for a covered employer include those who (1) are employed in San Francisco, (2) have been employed for six months or more by their current employer, and (3) work at least eight hours per week on a regular basis. Under the current law, employees may request a flexible or predictable working arrangement to assist with care for:
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a child or children under the age of eighteen;
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a person or persons with a serious health condition in a family relationship with the employee; or
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a parent (age 65 or older) of the employee.
The current law also requires that the employer meets with the employee within 21 days of the employee's request for a flexible or predictable working arrangement. The employer must then respond to the employee's request within 21 days of that meeting
The amended ordinance provides a handful of changes. Most notably, the amended ordinance affirmatively provides eligible employees a right to a flexible or predictable work arrangement for qualifying reasons unless doing so would cause the employer undue hardship (rather than an employee's right to request a flexible or predictable work arrangement).
Furthermore, an employer may elect to meet with the employee within 14 days of the employee's notice of a flexible or predictable working arrangement but requires that the employer responds to the employee's notice in writing within 21 days of the employee's notice.
Another significant change is the implementation of an interactive process under certain circumstances. The employer must engage in a good-faith interactive process with the employee if the employer does not agree with the employee's notice. This interactive process would attempt to determine a flexible or predictable working arrangement that is acceptable to both the employee and employer. The amended ordinance would allow an employer to deny the employee's flexible or predictable working arrangement that would be acceptable to the employee only if granting the arrangement would cause the employer undue hardship. The ordinance explains that an undue hardship can include significant expense or operational difficulty of the employer when considered in relation to the size, financial resources, nature, or structure of the employer's business. The employer would then be required to explain the basis for the denial in writing and notify the employee of their right to request reconsideration and file a complaint with the San Francisco Office of Labor Standards Enforcement (OLSE).
Under the amendments, the interactive process also applies to situations where the employer determines that an already established flexible or predictable working arrangement is causing the employer an undue hardship. The employer and employee would attempt to determine a different flexible or predictable working arrangement that is agreeable to both the employer and employee. If a different arrangement cannot be agreed upon, then the employer may revoke the existing arrangement after the interactive process with a 14-day written notice to the employee.
Some additional changes include an expanded definition of a caregiver (no longer limited to parents age 65 or older) and an expanded definition of employee (to include employees teleworking in San Francisco from their residence or other location that is not an office or worksite of the employer). It also increases the OLSE's enforcement authority for violations of the ordinance.
These amendments to the San Francisco FFWO will significantly impact covered employers. Please contact the California Legal Services team at CAInfo@employerscouncil.org if you have any questions about these changes or need assistance updating your policy or procedures related to this ordinance.
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