On July 13, 2022, San Francisco’s amended Family Friendly Workplace Ordinance (FFWO) goes into effect. All employers who conduct business and have employees working in the City and County of San Francisco or employees who telework, will need to comply with the FFWO. It gives employees the right to request “flexible or predictable work arrangements” to assist with caregiving responsibilities. The amendment creates significant changes to the existing FFWO – it enlarges the scope of an employer’s obligation under the ordinance, while also making it easier for employees to obtain modified schedule arrangements so they can effectively work and perform their caregiving responsibilities with relative ease. Covered employers should take note of these changes to avoid scrutiny from the San Francisco Office of Labor Standards Enforcement (OLSE) and costlier penalties.
The Seventh Circuit recently held in Severson v. Heartland Woodcraft, Inc. that a long-term leave of absence, particularly one extending beyond the twelve weeks of leave guaranteed by the Family and Medical Leave Act (“FMLA”), does not warrant protection under the Americans with Disabilities Act (“ADA”).
Raymond Severson was terminated from his job as a fabricator at Heartland after he exhausted his 12-week medical leave under the FMLA and requested to remain off work for several additional months to recover from back surgery. Severson sued Heartland under the ADA, arguing Heartland failed to provide him with a reasonable accommodation—namely, a three-month leave of absence following the expiration of his FMLA leave.
Continue Reading Seventh Circuit Holds Long-Term Leave is Not a Reasonable Accommodation Under the ADA