San Francisco's new Family-Friendly Workplace Ordinance (the "Ordinance") applies to employers with 20 or more employees and to those San Francisco-based employees who have been employed for at least six months and who work at least eight hours per week on a regular basis. The Ordinance provides eligible employees the right to request a flexible or predictable work arrangement to assist with care for: (1) children under the age of 18; (2) persons with a serious health condition in a family relationship with the employee; or (3) a parent (age 65 or older) of the employee. An employer must meet with an employee within 21 days of the employee's request and must respond to the request within 21 days of that meeting. If the employer grants the request, the employer must confirm the arrangement in writing. If the employer denies the request, the employer must explain the denial in a writing that: (1) sets forth a bona fide business reason for the denial; (2) provides the employee with notice of the right to request reconsideration; and (3) includes a copy of that portion of the Ordinance addressing the right to reconsideration. A bona fide business reason includes, but is not limited to, the cost of the change, a detrimental effect on the ability to meet customer or client demands, the inability to organize work among other employees, or the insufficiency of work to be performed during the time the employee proposes to work.
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