RULES   TOOLS   STEPS   TIPS

The Employer's Guide:
STEPS


                           

As an employer doing business in San Francisco, you have the overall responsibility for implementing the requirements of the new ordinance. Your managers and employees will have to work through requests for flexible and predictable schedules within the framework you set. And the tools they use will play a major role in setting the tone and outcomes of the process.

Throughout this guide we describe two approaches to implementing the FFWO:

The first (“Compliant Approach”) explains the minimum needed to process a schedule change
The second (“Collaborative Approach”) meets the FFWO minimum and strengthens outcomes

All covered employers must implement FFWO. On a voluntary basis, they can choose the more inclusive and mutually beneficial approach outlined in the second track.

Note: Whatever approach you choose for implementing the FFWO requirements,
YOU MUST:

1. Be sure that all timelines are met by employees and managers, and

2. That all written transactions are kept for 3 years

Failure to comply will be the basis for any monitoring and enforcement actions.


      


FFWO COMPLIANT APPROACH

The timeline for requesting, reviewing, deciding on and potentially appealing decisions on requests is at the heart of the new law. Indeed, while there is broad latitude for final decisions by businesses, there is no room for violating the deadlines stipulated in the FFWO. They are:


Step 1  Submit written request;
  Mark date;
  meeting with manager should occur within 21 days


Step 2  Meet with manager;
  Discuss request;
  decision should be made within 21 days

Step 3  Accept/appeal decision;
  Set start date,
  continue previous schedule or appeal


Step 3A  Submit written appeal;
  Mark date;
  meeting with manager should occur within 21 days


Step 3B  Final decision made;
  Meeting with manager;   employer makes final decision

      

FULLY COLLABORATIVE APPROACH

The collaborative approach respects the same timeline. However, it encourages more back and forth and assigns great value to: 1) the stance of both employee and manager toward the process; 2) the content of the required meetings; and 3) the surfacing of business value as well as challenges. Timing is an essential thing, but not everything. Working together is vital in creating new schedules.

Collaboration suggests amending the basic steps and encouraging your managers and employees to use these.

Step 1  Submit written request;
  Mark date;
  meeting with manager should occur within 21 days
The reasons – family or personal – matter; but good reasons with bad impact get denied
The Collaborative Request Form focuses on business impact; encourage its thorough use
Support talking with co-workers to get their ideas and understand their concerns
See if similar schedules already exist, and learn how they came about and are working

Step 2  Meet with manager;
  Discuss request;
  decision should be made within 21 days
Encourage a focus on the positive gains to the business suggested by the employee
Make sure anticipated concerns are addressed by employees
If there are general challenges to flex, make your business concerns clear

Step 3  Accept/appeal decision;
  Set start date,
  continue previous schedule or appeal

As part of a denial, suggest revised proposals address issues; not duplicate originals

Step 3A  Submit written appeal;
  Mark date;
  meeting with manager should occur within 21 days

The focus here should be on addressing original areas of denial and new arguments

Step 3B  Final decision made;
  Meeting with manager;   employer makes final decision

      

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