San Francisco Employers may be Required to Consider flex work Arrangements

On October 1, 2013, the San Francisco Board of Supervisors voted unanimously to approve new legislation which requires employers in San Francisco to consider and potentially accommodate employees' requests for work schedule changes in order to address caregiving issues. Employers with 20 or more employees would be subject to the law, if enacted, and would have to accept requests from employees for flexible work hours, job-sharing, telecommuting, or other flexible work arrangements. Employers would only be permitted to deny the request if there is a "good faith business reason" for the rejection. What that means, however, remains to be seen.

Proponents of the legislation believe that it will help employees who struggle with the dual role of caregiver and employee, but employers are concerned about the increased obligations imposed upon them.  

In California, certain eligible employees are entitled to protected leave or intermittent leave from work in order to address their own serious health condition, or the serious health condition of a child, spouse, or other designated family member. Issues arise, however, when the employee is not eligible to take time off, or if the condition at issue is not considered a "serious health condition," but which may nevertheless necessitate an absence from work.    

If this law is enacted, employers will have to take even more caution and work closely with human resources professionals and counsel to ensure that any denials of reasonable requests are based upon a "good faith business reason." The ramifications for failing to consider and/or grant a request for a flexible work schedule could prove costly and detrimental.