San Francisco’s Family Friendly Workplace Ordinance was enacted in 2014 and provides employees with the right to request flexible or predictable work arrangements to assist with caregiving responsibilities. Initially, the ordinance applied to requests to care for a child or a parent over age 65.
The ordinance applies to employers with 20 or more employees, regardless of location.
Employees of covered employers are eligible if they are (1) employed in San Francisco, including those employees who telework from outside of 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.
The amended ordinance provides that:
- A covered employee shall be provided a flexible or predictable work arrangement upon notice of the employee’s need for such arrangement unless it would cause the employer undue hardship.
- Require an employer that does not approve a flexible or predictable work arrangement to engage in an interactive process with the employee to attempt in good faith to determine a mutually acceptable arrangement.
Under the amendments, a covered employee will be allowed flexible or predictable work arrangements to care for any family member age 65 or older, rather than specifically a parent.
The amendments also increase some of the San Francisco’s Office of Labor Standards Enforcement’s ability to enforce the ordinance.
The amendments to the Family Friendly Workplace Ordinance will be operative on July 12, 2022.
