On October 1, 2013, the San Francisco Board of Supervisors approved the Family Friendly Workplace Ordinance, giving employees the right to request flexible work schedules to assist with caregiver responsibilities. Under the ordinance, San Francisco employers will be required to formally consider and respond to such requests. San Francisco Mayor Ed Lee has stated that he intends to sign the ordinance into law.
The San Francisco Board of Supervisors hopes that the Ordinance will alleviate the high attrition rates of families leaving San Francisco. The Board notes that, according to the 2010 census, children make up only 13.5 percent of the San Francisco population, making San Francisco the city with the lowest population of children of any major city in the United States. Despite aims of making San Francisco’s workplaces more family-friendly, the Ordinance likely also will increase the already high costs of doing business for employers in San Francisco. The Ordinance will apply to employers who regularly employ 20 or more employees, including part-time employees, within the City of San Francisco. The Ordinance grants employees who have six or more months of service and work at least eight hours per week a right to request a flexible work schedule to assist with caregiver responsibilities for:
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a child;
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a parent age 65 or older; or
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a spouse, domestic partner, parent, child, sibling, grandparent, or grandchild with a serious health condition.
Under the Ordinance, eligible employees may request any type of flexible work arrangement, such as an alternative work schedule, part-time employment, telecommuting, job sharing, or a predictable schedule. Employees have a right to make such requests twice a year, but may make additional requests following the birth or adoption of a child or an increase in caregiver responsibilities for a family member with a serious health condition. The request must be made in writing, specifically identifying the accommodation requested and how that accommodation assists the employee’s caregiver responsibilities.
Employers will be required to respond to flexible work schedule requests verbally and in writing. Within 21 days of receiving a written request, the employer must meet with the employee to discuss the request. Thereafter, the employer must respond to the request within 21 days, either granting or denying the request. If the employer denies the request, the response to the request must identify a bona fide business reason for the denial and notify the employee of his or her right to request a reconsideration within 30 days.
While the Ordinance does not provide a private right of action, it makes it unlawful for San Francisco employers to interfere with or retaliate based upon an employee’s request for a flexible work arrangement. The Ordinance grants the San Francisco Office of Labor Standards Enforcement (“OLSE”) authority to investigate alleged violations and take administrative and legal action to enforce the Ordinance and remedy certain violations. In addition to injunctive relief, OLSE can impose administrative penalties of $50 per employee per day that the violation continues. If signed into law as expected, the Ordinance will take effect on January 1, 2014. As such, San Francisco employers should be aware of new requirements under the Ordinance.
