The San Francisco Board of Supervisors passed an ordinance requiring an employer to consider employees' requests for "flexible or predictable" working arrangements to assist with care giving responsibilities. The employer can deny the request for legitimate reasons. But there will be another poster, and the city's Office of Labor Standards Enforcement will enforce its anti-retaliation provisions.
Here is the Supervisors' summary of the ordinance, passed on October 1, 2013. Stay tuned for a copy of the entire bill and more details as they emerge (including the effective date).
130785 [Administrative Code - Family Friendly Workplace Ordinance]
Sponsors: Chiu; Cohen, Mar, Campos, Yee, Breed, Avalos and Kim
Ordinance amending the Administrative Code to allow San Francisco-based employees to request flexible or predictable working arrangements to assist with care giving responsibilities, subject to the employer’s right to deny a request based on business reasons; prohibit adverse employment actions based on caregiver status; prohibit interference with rights or retaliation against employees for exercising rights under the Ordinance; require employers to post a notice informing employees of their rights under the Ordinance; require employers to maintain records regarding compliance with the Ordinance; authorize enforcement by the Office of Labor Standards Enforcement, including the imposition of remedies and penalties for a violation and an appeal process for an employer to an independent hearing officer; authorize waiver of the provisions of the Ordinance in a collective bargaining agreement; and making environmental findings.
PASSED, ON FIRST READING by the following vote:
Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
130785 [Administrative Code - Family Friendly Workplace Ordinance]
Sponsors: Chiu; Cohen, Mar, Campos, Yee, Breed, Avalos and Kim
Ordinance amending the Administrative Code to allow San Francisco-based employees to request flexible or predictable working arrangements to assist with care giving responsibilities, subject to the employer’s right to deny a request based on business reasons; prohibit adverse employment actions based on caregiver status; prohibit interference with rights or retaliation against employees for exercising rights under the Ordinance; require employers to post a notice informing employees of their rights under the Ordinance; require employers to maintain records regarding compliance with the Ordinance; authorize enforcement by the Office of Labor Standards Enforcement, including the imposition of remedies and penalties for a violation and an appeal process for an employer to an independent hearing officer; authorize waiver of the provisions of the Ordinance in a collective bargaining agreement; and making environmental findings.
PASSED, ON FIRST READING by the following vote:
Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee