San Francisco County Municipal Code Art. 32 San Francisco Family Friendly

WORKPLACE ORDINANCE* Sec. 32.1. Title. Sec. 32.2. Findings. Sec. 32.3. Definitions. Sec. 32.4. Right to a Flexible or Predictable Working Arrangement. Sec. 32.5. Process for Establishing a Flexible or Predictable Working Arrangement. Sec. 32.6. Request for Reconsideration by Employee from the Denial of Flexible or Predictable Working Arrangement. Sec. 32.7. Exercise of Rights and Caregiver Status Protected; Retaliation Prohibited. Sec. 32.8. Notice and Posting Requirements for Employers. Sec. 32.9. Employer Records. Sec. 32.10. Implementation and Enforcement. Sec. 32.11. Exemption of Certain Job Classifications Pertaining to Public Health and Public Safety. Sec. 32.12. Waiver Through Collective Bargaining. Sec. 32.13. Other Legal Requirements. Sec. 32.14. Rulemaking Authority. Sec. 32.15. Outreach. Sec. 32.16. Preemption. Sec. 32.17. City Undertaking Limited to Promotion of General Welfare.

*Editor’s Note: Former Administrative Code Chapter 12Z (“San Francisco Family Friendly Workplace Ordinance”) was redesignated as Labor and Employment Code Article 32 by Ord. 221- 23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

This Article shall be known as the “San Francisco Family Friendly Workplace Ordinance.” (Added as Administrative Code Sec. 12Z.1 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

DENIAL OF FLEXIBLE OR PREDICTABLE WORKING ARRANGEMENT. (a) An Employee whose Flexible or Predictable Working Arrangement has been denied may submit a request for reconsideration to the Employer in writing within 30 days of the decision. (b) If an Employee submits a request for reconsideration under this Section 32.6, the Employer must arrange a meeting to discuss said request to take place within 21 days after receiving the request. (c) With respect to any notice provided under Section 32.4 on or after the Operative Date of Amendments, the Employer must inform the Employee of the Employer’s final decision in writing within 14 days after the meeting to discuss the request for reconsideration. If the request for reconsideration is denied, this notice must explain the Employer’s basis for concluding that a Flexible or Predictable Working Arrangement would cause the Employer undue hardship and provide the Employee notice of the Employee’s right to file a complaint with the Agency. (Added as Administrative Code Sec. 12Z.6 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; amended by Ord. 39-22, File No. 211296, App. 3/14/2022, Eff. 4/14/2022, Oper. 7/13/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) The Agency shall, by the operative date of this Article, publish and make available to Employers, in all languages spoken by more than 5% of the San Francisco workforce, a notice suitable for posting by Employers in the workplace informing Employees of their rights under this Article. The Agency shall update this notice on December 1 of any year in which there is a change in the languages spoken by more than 5% of the San Francisco workforce. In its discretion, the Agency may combine the notice required herein with the notice required by Section 1.5(a) and/or 11.5(a) of the Labor and Employment Code or any other Agency notice that Employers are required to post in the workplace. (b) Every Employer shall post in a conspicuous place at any workplace or job site where any Employee works the notice required by subsection (a). Every Employer shall post this notice in English, Spanish, Chinese, and any language spoken by at least 5% of the Employees at the workplace or job site. (Added as Administrative Code Sec. 12Z.8 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Employers shall retain documentation required under this Article for a period of three years from the date of the request for a Flexible or Predictable Working Arrangement, and shall allow the Agency access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Article. When an issue arises as to an alleged violation of an Employee’s rights under this Article, if the Employer has failed to maintain or retain documentation required under this Article, or does not allow the Agency reasonable access to such records, it shall be presumed that the Employer has violated this Article, absent clear and convincing evidence otherwise. (Added as Administrative Code Sec. 12Z.9 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

TO PUBLIC HEALTH AND PUBLIC SAFETY. (a) An appointing officer may request an exemption from this Article from the Director of Human Resources for certain classifications of City employees working in public health or public safety functions, based upon operational requirements according to criteria developed by the Director of Human Resources. Such criteria shall promote efficiency and advance public safety or public health. (b) The Agency, in consultation with the Director of Human Resources, may exempt non-City Employees working in public safety or public health functions, upon request of those non-City Employers, based upon operational requirements according to criteria developed by the Agency and the Director of Human Resources. Such criteria shall promote efficiency and advance public safety or public health. (Added as Administrative Code Sec. 12Z.11 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

All and any portions of the applicable requirements of this Article shall not apply to Employees covered by a bona fide collective bargaining agreement to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms. (Added as Administrative Code Sec. 12Z.12 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article provides minimum employment requirements pertaining to Caregivers and Employees and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard, or provision of a collective bargaining agreement, that provides for greater or other rights of or protections for Caregivers or Employees, or that extends other rights or protections to Employees. (Added as Administrative Code Sec. 12Z.13 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The Director shall have authority to issue regulations or develop guidelines that implement provisions of this Article. Notwithstanding the definition of “Director” in this Article, a designee of the Director shall not have authority under the foregoing sentence of this Section; but a designee of the Director shall have authority to conduct hearings leading to the adoption of regulations or guidelines. (Added as Administrative Code Sec. 12Z.14 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The Department on the Status of Women and the Office of Labor Standards Enforcement shall jointly create an outreach and community engagement program to educate and provide technical support to Employees and Employers about their rights and obligations under this Article. This outreach program shall be conducted in multiple languages to the extent feasible and shall include media, trainings and materials accessible to the diversity of Employees and Employers in San Francisco. (Added as Administrative Code Sec. 12Z.15 by Ord. 209-13 File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; amended by Ord. 39-22, File No. 211296, App. 3/14/2022, Eff. 4/14/2022, Oper. 7/13/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Nothing in this Article shall be interpreted or applied so as to create any requirement, power, or duty in conflict with federal or state law. (Added as Administrative Code Sec. 12Z.16 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

WELFARE. In enacting and implementing this Article, the City is assuming an undertaking only to promote the general welfare. The City is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. This Article does not create a legally enforceable right against the City. (Added as Administrative Code Sec. 12Z.17 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

If any of the parts or provisions of this Article (including sections, subsections, sentences, clauses, phrases, words, numbers) or the application thereof to any person or circumstance is held invalid or unconstitutional by a decision of a court of competent jurisdiction, the remainder of this Article, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Article are severable. (Added as Administrative Code Sec. 12Z.18 by Ord. 209-13, File No. 130785, App. 10/9/2013, Eff. 11/8/2013, Oper. 1/1/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)