San Francisco has significantly expanded its Family Friendly Workplace Ordinance to guarantee flexible or predictable work arrangements for employees with qualifying caregiver responsibilities when the employee provides notice of their preferred arrangement, unless the employer can demonstrate an undue hardship to the employer.
San Francisco’s amended Family Friendly Workplace Ordinance (“FFWO”) went into effect on July 12, 2022. Under the amended ordinance, any employer with 20 or more employees that are working in or teleworking out of San Francisco must grant covered employees a flexible or predictable working arrangement upon request— absent undue hardship—to assist with caregiving duties at home.
San Francisco first enacted the FFWO in 2014, which gave covered employees the right to request alternative work arrangements to assist with caregiving responsibilities, but did not entitle employees to a specific response to their requests. Under the previous FFWO, when a covered employer received a written request from a covered employee for a flexible or predictable working arrangement, the covered employer was required to: (i) meet with the requesting employee within 21 days of the request, and (ii) respond to the employee’s request in writing, either approving or denying the request within 21 days (or longer by agreement) after meeting with the employee.
In contrast to the previous ordinance, the new amendment broadens the scope of covered employees under the FFWO and...
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