SAN FRANCISCO EMPLOYMENT LAW BLOG

In today’s fast-paced world, balancing work and family responsibilities is a significant challenge, especially for working parents. California, known for its progressive labor laws, offers a variety of rights and protections to employees seeking flexible working arrangements. 

However, these regulations only help you if you understand and exercise them. Let’s take an in-depth look at how working parents in California can navigate these options to achieve a healthier work-life balance.

California’s Legal Framework for Flexible Working

In California, several laws and regulations govern flexible working arrangements. Notable among these are:

• Fair Employment and Housing Act (FEHA): While FEHA primarily addresses discrimination, it indirectly supports flexible working conditions by ensuring employees are not discriminated against due to familial responsibilities. It prohibits employment discrimination based on familial status. Employers cannot treat employees less favorably because of their responsibilities as parents. For example, an employer cannot deny a promotion or flexible working request simply because an employee has children.
• California Family Rights Act (CFRA): This act allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for family and medical reasons, which can include the birth, adoption, or foster care placement of a child. This leave can be used intermittently and can be combined with flexible working arrangements for a phased return to work. While not directly about flexible working hours, it supports work-life balance for parents.
• San Francisco’s Family Friendly Workplace Ordinance: Unique to San Francisco, this ordinance allows employees in companies with 20 or more employees to request flexible or predictable working arrangements to assist with caregiving responsibilities. Employers are required to consider these requests and can only refuse them for legitimate business reasons.

These laws protect workers from discrimination based on family responsibilities and provide certain entitlements for parental leave and flexible work requests. Some of the most important protections they offer include:

Right to Request Flexible Working

Under the laws above, employees have the right to request flexible working arrangements if they qualify for accommodations or if their employer grants flexible schedules to other people in similar roles. For example, if an employer gives one employee the option to work from home two days a week, it must grant a working parent employee with the same duties the same option. Such arrangements help working parents manage childcare, reduce commuting time, and address other personal responsibilities.

Employers are required to consider employee requests for flexible arrangements seriously and can only refuse them for legitimate business reasons. Doing otherwise may constitute workplace discrimination. The process often involves a discussion between the employee and employer to find a mutually agreeable solution. This collaborative approach is encouraged to ensure that both parties’ needs are met.

Options for Flexible Work Arrangements

Depending on your circumstances and your employer’s policies, you may have several options for non-traditional work schedules and arrangements, such as:

• Telecommuting as a Flexible Option: Telecommuting or remote work has become increasingly popular and viable due to technological advancements. California employers are increasingly adopting telecommuting policies that allow employees to work from home, benefiting working parents by eliminating commute time and providing greater flexibility in managing home responsibilities.
• Part-Time Work and Job Sharing: Part-time work or job sharing are other flexible options that can be ideal for working parents. These arrangements involve working fewer hours than a full-time schedule or sharing a full-time job with another employee. While these options may impact benefits and salary, they offer greater time flexibility.
• Compressed Workweeks: A compressed workweek allows employees to work their usual number of hours over fewer days. For example, an employee might work four 10-hour days instead of five 8-hour days. This arrangement gives parents an extra day each week to spend with their children or attend to personal matters.

The best option depends on your family’s needs and your employer’s scheduling policies. In general, you have a stronger case for requesting working arrangements that the company has already granted to other employees since it will need to justify why those workers qualify for alternative schedules, and you do not. 

Is It Discrimination If Your Employer Denies Your Request for a Flexible Working Arrangement?

Determining whether the denial of a flexible work arrangement request constitutes discrimination in California requires examining the specific circumstances of the case and the reasons for the employer’s decision. If you think your denial was discriminatory, you should talk to an experienced employment law attorney about your situation. Your attorney will help you evaluate the following factors to help you determine if it was discriminatory:

• Reason for Denial: If the denial is based on legitimate business reasons, such as undue hardship, inability to reorganize work among existing staff, or significant detrimental effect on business operations, it may not be considered discriminatory. However, if the denial is based solely on the employee’s status as a parent, it might be discriminatory.
• Consistency in Policy Application: If the employer consistently allows flexible work arrangements for other employees without caregiving responsibilities but denies them to parents, this could be indicative of discrimination.
• Documentation and Dialogue: The way the employer handles the request and communicates the decision can also be relevant. Proper documentation of the reasons for the denial and an open dialogue with the employee are important.
• Case Law: Your attorney will help you find any relevant California case law that guides how similar situations have been handled in the past.
• Employer Policies: The employer’s policies and past practices regarding flexible work arrangements also play a role. A pattern of denying such requests only to working parents could be problematic.

Suppose your employer has denied you alternative work arrangements and cannot present a justifiable business reason or violated its policies. In that case, you have a strong argument that the denial is discriminatory. 

Professional Legal Counsel for Working Parents in California

As a working parent in California, navigating flexible working arrangements is a crucial aspect of balancing work and family life. If your request for alternative arrangements was denied, you may have other options. If you believe you are facing discrimination for requesting accommodations like an alternative work schedule, you should talk to an experienced employment law attorney at Le Clerc & Le Clerc LLP. We can help you determine if you’ve suffered from discrimination and represent you during legal action if necessary. 

In the evolving landscape of employment, remote work has emerged as a crucial aspect, particularly for working parents. As a California employment attorney, it is vital to understand and convey the legalities surrounding remote work policies. This includes ensuring equal access to remote work for employees regardless of their gender or parental status. Moreover, specific policies in San Francisco have set precedents regarding remote work for caregivers, which are essential for both employers and employees to understand.

Your Right to Equal Access to Remote Work in California

Under California law, employers are required to provide equal employment opportunities to all employees. This includes access to remote work options. Discrimination based on gender or parental status is prohibited under both federal and state laws, such as the California Fair Employment and Housing Act (FEHA).

Employers must ensure that remote work policies do not favor one gender over another. For example, assuming that mothers are more in need of remote work than fathers can be a form of gender discrimination.

Similarly, providing remote options only to parents and not to non-parents, or vice versa, can lead to gender and discrimination claims. Policies should be structured to offer equal opportunities to all employees, regardless of their parental status. Failing to do so can violate employees’ rights and give them grounds for legal action. 

San Francisco’s Policies on Remote Work for Caregivers

While California laws are good, many municipalities offer even better protections for working parents. For example, San Francisco has been at the forefront of addressing the needs of working caregivers through its remote policies. The city’s Family Friendly Workplace Ordinance (FFWO) is a groundbreaking law designed to provide employees in San Francisco with the right to request flexible or predictable working arrangements to assist with caregiving responsibilities. 

The FFWO applies to employers in San Francisco with 20 or more employees. It is designed to assist employees who are caregivers. This includes care for a child, a parent over the age of 65, or a person with a serious health condition in a family relationship with the employee. 

Eligible employees have the right to request flexible or predictable working arrangements. These can include changes in the number of hours they work, the times they work, where they work (such as remote work), and the assignment of work. The request must be made in writing and should clearly state the arrangement sought and the reason for the request.

Employers are required to consider these requests seriously. After receiving a request, an employer has 21 days to meet with the employee to discuss the request. Within a further 21 days after this meeting, the employer must respond in writing. If the employer denies the request, they must explain the business reasons for the denial and provide a notice of the employee’s right to request reconsideration.

In addition, the FFWO includes protections against retaliation. Employers cannot take adverse employment actions against an employee for making a request under the ordinance. Employers who violate the ordinance may face legal consequences, including penalties and requirements to take corrective actions.

The FFWO represents a significant step towards creating a more family-friendly work environment. It acknowledges the challenges faced by working caregivers and seeks to provide them with the flexibility they need to manage both their professional and personal responsibilities effectively.

What to Do If Your Right to Remote Work Access Is Violated

Despite state, federal, and municipal laws, employers may still discriminate against parents and bar them from the remote opportunities offered to their colleagues. If you believe your right to a flexible work arrangement has been violated, here’s what you can do:

• Try Internal Company Resolution: If possible, you should attempt to resolve the issue internally. This could involve discussing the concern with a supervisor or the human resources department. Sometimes, misunderstandings or miscommunications can be resolved through internal processes.
• Document the Situation: It is important to document all relevant communications and events. This includes keeping copies of the request for flexible working arrangements, any responses from the employer, and any other related correspondence or documents.
• Contact the San Francisco Office of Labor Standards Enforcement (OLSE): If internal resolution does not work, you can file a complaint with the OLSE. The OLSE is responsible for enforcing the FFWO and can investigate claims of violations. The complaint should include all pertinent details, such as the nature of the request, the employer’s response, and any evidence of how the FFWO was violated.
• Seek Legal Advice: It may be necessary to seek advice from an attorney specializing in employment law. An attorney can guide the rights and options available under the FFWO and assist in navigating the legal process.
• Mediation or Legal Action: In some cases, mediation might be a viable option to reach a resolution. If the issue cannot be resolved through mediation or other means, legal action may be necessary. An attorney can help file a lawsuit against the employer for violations of the FFWO.

Remember, each situation is unique, and the best course of action may vary depending on the specific circumstances. Legal advice from a qualified professional is often critical in these situations to ensure that your rights as a working parent are adequately protected and pursued.

Talk to the Skilled Parental Discrimination Lawyers at Le Clerc & Le Clerc LLP

In San Francisco, the FFWO provides a framework for supporting caregivers, setting an example for other cities and states. Employers must be diligent in providing equal access to remote work opportunities avoiding discrimination based on gender or parental status. Laws like the FFWO also mean that if your employer is violating your legal rights, you have the right to take action. The experienced employment law attorneys at Le Clerc & Le Clerc LLP can help. We encourage you to talk to our professional team today to learn more about your options and take the first steps toward holding your employer accountable for violating your rights.

In California, the intersection of employment law and family responsibilities takes on a significant dimension for parents of disabled children. Balancing work commitments with the demands of caring for a child with disabilities can be challenging. If you’re in that position, it’s critical to understand the legal protections available to you in the workplace so you can maintain your employment while still caring for your kids. 

Federal Laws and Protections for Parents of Disabled Children

Federal laws in the United States provide various protections for parents of disabled children. These laws help ensure people like you have the necessary support and accommodations to balance their work responsibilities with caregiving:

• Family and Medical Leave Act (FMLA): FMLA allows eligible employees to take up to 12 weeks of unpaid leave per year for specific family and medical reasons, including caring for a child with a serious health condition. This leave is job-protected, meaning employees can return to their same or equivalent position after the leave.
• Americans with Disabilities Act (ADA): While the ADA primarily protects individuals with disabilities, it also prohibits discrimination based on association with an individual with a disability. This can apply to parents of disabled kids. Employers must provide reasonable accommodations to employees who need to care for a disabled child as long as it doesn’t cause undue hardship to the business.
• Employee Retirement Income Security Act (ERISA): Protects employee benefits, including health insurance. If an employer provides health insurance, it typically extends to an employee’s children, including those with disabilities. ERISA ensures that employees don’t lose their benefits unjustly, which is crucial for parents managing medical care for their disabled children.

California-Specific Laws and Regulations

California offers additional legal protections for working parents of disabled children, providing more inclusive rights and accommodations. Some of the key California-specific laws and regulations include:

• Fair Employment and Housing Act (FEHA): FEHA requires employers to provide reasonable accommodations for employees who are associated with a disabled person to assist them in performing their jobs. FEHA’s definition of disability is broader than the ADA, offering more inclusive protection.
• California Family Rights Act (CFRA): CFRA allows eligible employees to take up to 12 weeks of protected unpaid leave in 12 months for family and medical reasons, including caring for a child with a serious health condition. CFRA applies to employers with five or more employees, making it more inclusive than FMLA.
• Kin Care Law: Under California’s Kin Care Law, employees are allowed to use half of their accrued sick leave to care for a family member, including a child.

Examples of Workplace Accommodations You Might Need

Under FEHA, parents of disabled kids have the right to request reasonable accommodations in the workplace to assist them in balancing their job duties with caregiving responsibilities. Here are examples of such accommodations: 

• Flexible Scheduling: Adjusting start and end times of the workday, allowing for split shifts or modified weekly schedules, or providing time off or adjustments for medical appointments and therapy sessions.
• Remote Work: Permitting work from home, providing necessary equipment and technology for remote work, or combining telework with in-office work on a part-time basis.
• Part-Time or Reduced Work Hours: Allowing a reduction in work hours or transitioning to a part-time schedule.
• Job Restructuring: Modifying job duties that are non-essential or reassigning or redistributing marginal job tasks to other employees.
• Temporary Transfer to a Less Stressful or Hazardous Position: Moving to a position with less stress or physical demands, if available.

You need to engage in an interactive conversation with your employer when requesting accommodations. Discussing the specific needs related to your child’s care and how the accommodation would assist you in performing your job can help you find a solution that works for you and your employer. 

Navigating Discrimination and Retaliation as a Parent of Special-Needs Children

Unfortunately, discrimination and retaliation against parents of children with special needs in the workplace are all too common. Some of the most common forms include:

• Disparate Treatment: This occurs when an employee is treated differently or less favorably, specifically because they have a child with special needs. Examples include not being considered for promotions or important projects, receiving lower performance evaluations, or being subjected to negative comments or attitudes from supervisors or colleagues about their parenting responsibilities.
• Failure to Accommodate: Under various laws, employers are required to provide reasonable accommodations to employees who are parents of children with special needs unless it causes undue hardship to the employer. Refusal to engage in an interactive process or outright denial of reasonable accommodation requests without proper justification can be considered discriminatory.
• Harassment: This includes any unwelcome conduct based on the employee’s status as a parent of a child with special needs. Harassment becomes unlawful when the offensive conduct becomes a condition of continued employment or when the conduct is severe or pervasive enough to create a hostile work environment.
• Adverse Employment Actions: Retaliation occurs when an employer takes an adverse action against an employee for engaging in a protected activity. Protected activities include requesting accommodations, taking leave under FMLA/CFRA, or filing a discrimination complaint. Adverse actions can include termination, demotion, pay reduction, or unfavorable job assignments.

It’s important for employees who believe they are experiencing discrimination or retaliation to document their experiences and seek advice, potentially from an experienced employment lawyer or a government agency like the California Civil Rights Department (CRD). They can provide guidance and, if necessary, a legal pathway to address these issues.

Expert Legal Counsel for Working Parents of Disabled Kids

Parents of disabled children in California have legal protections designed to help them balance their work and caregiving responsibilities. Understanding these rights and how to assert them is essential. With the right knowledge and support, you can continue to work while caring for your children’s special needs.At Le Clerc & Le Clerc LLP, we can help you if you’re struggling to exercise your rights under federal and state law. Our skilled attorneys are prepared to represent you at the negotiation table or in court if your employer has discriminated against you for having a disabled child. Learn more about how we can help by scheduling your consultation today.