With the San Francisco Family Friendly Workplace Ordinance (FFWO) going into effect on July 13 of this year, all employers who conduct business and have employees in San Francisco will now need to comply with it. It includes a reviewed ordinance granting employees the right to request “flexible or predictable work arrangements” to assist with caregiving responsibilities. These meassueres also apply to remote employees who work for San Francisco-based companies.
The ordinance, adopted and approved in October 2013 and effective since January 1, 2014, gives employees who are primary caretakers the right to request flexible or predictable work arrangements to assist with these responsibilities. Under the revised ordinance, the covered employer is currently required to:
- Personally meet with the requesting employee within 21 days after the request was placed.
- Provide a written response, either approving or denying the request, within 21 days of the meeting with the employee (a longer wait time for this response is allowed if agreed by the two parts)
- The employer must confirm the arrangement in writing if the request is granted.
- In the event that the request is denied, the employer must provide a justifiable business reason for the denial of the request and notify the employee of their rights to request reconsideration under what the ordinance states.
Under recent revisions, the ordinance has additionally introduced standard prohibitions against retaliation and interference with any request a qualified employee might make. In addition, employers are required to maintain documentation related to any employee requests made for three years after the request has been introduced—all with the intention of keeping the history of these requests as transparent as possible.
The amendments made to this ordinance create significant changes to the existing workplace conditions. In short, the ordinance widens the scope of employers’ obligations, all while also making it easier for employees to obtain modified schedule arrangements that allow them to both effectively work and perform out-of-work responsibilities related to caregiving.