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San Francisco OLSE Releases Updated Rules for Amended Family Friendly Workplace Ordinance

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In March 2022, San Francisco amended its Family Friendly Workplace Ordinance.  The amendments which took effect at the start of July 2022, made the following changes:

  • Expands care by an employee from just parents to care of persons age 65 or older and with whom the employee has a family relationship.
  • Provides potential coverage for employees who work remotely outside San Francisco.
  • Requires a covered employee to provide a flexible or predictable work arrangement upon notice of the employee’s need for such arrangement unless it would cause the employer undue hardship.
  • Requires 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.

On July 7, 2022, San Francisco’s Office of Labor Standards Enforcement (OLSE) released updated Rules for Interpreting the Family Friendly Workplace Ordinance. The updated rules cover areas including:

  • Explanation of the process of requesting and responding to a request for a flexible or predictable schedule.
  • The employer verification process for requests under the ordinance.
  • Explanation of undue hardship for employers under the ordinance.

The OLSE has also released an updated poster for the Family Friendly Workplace Ordinance. Covered employers must post the poster in a conspicuous place at any workplace or job site where an employee works.

If you need assistance with compliance with the Family Friendly Workplace Ordinance or related issues, contact a Jackson Lewis attorney to discuss.

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