San Francisco Family Friendly Workplace & Health Care Security Ordinance Employee Protections
- The San Francisco Health Care Security Ordinance (HCSO) (S.F. Admin. Code, Ch. 14) requires employers with 20 or more employees to spend a minimum amount on health care benefits for each of their covered employees. Covered employees are those who have been employed for more than 90 days and who regularly work at least eight (8) hours per week within the City of San Francisco. The hourly expenditure rate depends on the number of employees that work for the employer. The HCSO rates increase annually.
- The Family Friendly Workplace Ordinance (FFWO) (S.F. Admin. Code, Ch. 12Z) allows employees who work for an employer with 20 or more employees and who work within the City of San Francisco, have been employed for six months or more by the current employer, and who work at least eight (8) hours per week on a regular basis, to request a flexible or predictable working arrangement to assist with caregiving responsibilities. The employee may request the flexible or predictable working arrangement to assist with care for:
- a child or children under the age of 18;
- a person or persons with a serious health condition in a family relationship with the employee; or
- a parent (age 65 or older) of the employee.
- The employer must respond to an employee’s request within 21 days of meeting with the employer about the scheduling request. An employer who denies a request must explain the denial in writing, giving a bona fide business reason for the denial and providing the employee with notice of the right to request reconsideration.
San Francisco Family Friendly Workplace & Health Care Security Ordinance Posting Requirements
- Every covered employer must post the Official HCSO and FFWO Notices in a conspicuous place at any workplace or job site where any covered employee works. Drafting and posting a different version will not satisfy the requirements of the law.
- Every covered employer is required to post the Official HCSO and FFWO Notices in English, Spanish, Chinese and in any other language spoken by at least 5% percent of the employees at the workplace or job site.
- This poster is in the official 6-language format, including English, Spanish, Chinese, Russian, Tagalog and Vietnamese.
- The HCSO and FFWO prohibit employers from discharging, threatening to discharge, demoting, suspending, or taking other adverse action against any persons in retaliation for exercising rights protected under the Ordinances.
- The HCSO requires employers to keep for a period of four (4) years records sufficient to establish compliance with the HCSO. In addition, employers must submit to the enforcing agency an Annual Reporting Form by April 30th of each year.
- Employers must maintain records to establish compliance with the FFWO for a period of three (3) years from the date of the request for a flexible or predictable working arrangement.
- The Office of Labor Standards Enforcement (OLSE) may impose daily administrative penalties for violations of the HCSO or FFWO, or take appropriate enforcement action to secure compliance, including initiating a civil action.
- In addition, the OLSE may impose a penalty of $25 per day for failing to post the Official HCSO Notice and $25.00 per day for failing to post the Official FFWO Notice.