The City of San Francisco is California’s fourth largest city and a proactive one when it comes to labor laws and ordinances. The San Francisco Office of Labor Standards Enforcement (OLSE) enforces the city’s unique labor laws adopted by San Francisco voters and the San Francisco Board of Supervisors. In 2014, OLSE will be enforcing a new law, the Family Friendly Workplace Ordinance.
The Family Friendly Workplace Ordinance allows for flexible work schedules/arrangements for employees providing care to specified individuals.
Who does the law affect? Employers and employees in San Francisco.
- Employers – All San Francisco employers with 20 or more employees. Employer means the City, or any person as defined in Section 18 of the California Labor Code who regularly employs 20 or more employees.
- Employees – Persons who are employed in San Francisco.
An employee who is a “primary contributor to the ongoing care of” a child under 18 years of age, or of a dependent with a serious medical condition – defined as a caregiver – may request a flexible working arrangement. A dependent is a person who is related to the caregiver by blood, legal custody, marriage, or to a domestic partner, or a person with whom the caregiver lives in a familial status.
An employee who is employed for the employer for six months or more and works at least eight (8) hours per week on a regular basis may request Flexible or Predictable Working Arrangements to assist with care giving responsibilities. Requests for flexible arrangements must be in writing and specify dates requested, duration and how the request is related to care giving. An employer may require verification of care giving responsibilities as part of the request.
An employee may make the initial request verbally after which the employer shall either in writing or verbally refer the employee to the posting required under the ordinance and instruct the employee to prepare a written request. Requests for flexible arrangements can be made twice every 12 months (year), unless the employee experiences a Major Life Event in which case the employee may make, and the employer must consider, an additional request.
Notice to be Posted. Employers must post the notice in a conspicuous place at any workplace or job site where any employee works. Every employer must post the notice in English, Spanish Chinese and any language spoken by at least 5% of the employees at the workplace or job site.
When Must the Notice Be Posted? By January 1, 2014.
Records to Be Kept. Employers must retain required documentation for a period of three (3) years from the date of the request for Flexible or Predictable Working Arrangements and must allow the agency access to such records.
Compliance Poster Company’s Legal Research and Compliance Team is following activities surrounding implementation of the ordinance. San Francisco compliance products will be updated once the notice is released by the OLSE.