Flexible Work Schedule Policy
(with Acknowledgment) (CA)

Summary

This template is a flexible work schedule policy for California employers that defines which employees are eligible, explains how employees may apply, describes the types of flexible (or hybrid) schedules available, and sets forth the employer's expectations for employees with alternate schedules. This template includes practical guidance, drafting notes, and optional clauses. This policy may apply to employees who work flex-time, part-time, or on a compressed schedule, share a position, or telecommute, including home-based employees and other employees who work remotely. It may be used as a way of protecting employees and customers from exposure during the coronavirus (COVID-19) pandemic. The policy should be drafted to discourage employees from abusing the freedom that may come with a flexible (or hybrid) work schedule. This template is intended for private employers. Employers may include this policy in an employee handbook or distribute it as a standalone policy. Its language has been customized to comply with California and federal law. As a result, the text of this template differs from the non-jurisdictional Flexible Work Schedule Policy (with Acknowledgment). This policy does not address all potential local law distinctions; thus, you should check any relevant local laws. For a full listing of key content that can be used by in-house counsel to develop, revise, and implement a company's employee and third-party-related policies, see In-House Company Policies Resource Kit. For a non-jurisdictional employee handbook, see Employee Handbook. For an employee handbook supplement for California employers containing customized workplace policies based on California state and local laws, see Employee Handbook Supplement (CA). For guidance on telecommuting agreements (also known as teleworking and remote working agreements), the essential components of effective telecommuting agreements, and practical drafting suggestions and tips, see Telecommuting Agreements: Key Drafting Considerations and Telecommuting Agreement. For detailed guidance on teleworking agreements, see Telecommuting Employees: Best Practices Checklist. For guidance on predictive scheduling ordinances, which require certain employers to provide employees with advance notice of their schedules, see Wage and Hour (CA) — On-Call Time — Compensability of On-Call Time. For a secure scheduling policy for use by San Francisco employers, see Scheduling Policy (San Francisco). For a San Francisco family friendly workplace policy, see Family Friendly Workplace Policy (with Acknowledgment) (San Francisco). For guidance on predictive scheduling within and beyond the state of California, see Predictive and Flexible Scheduling Laws State and Local Law Survey. For a California school and child care activities leave policy, see School and Child Care Activities Leave Policy (with Acknowledgment) (CA). For a California school discipline leave policy, see School Discipline Leave Policy (with Acknowledgment) (CA). For guidance on a wide variety of COVID-19 legal issues, see Coronavirus (COVID-19) Resource Kit. For a resource kit focused on employees returning to work and broken up by key employment law topics, see Coronavirus (COVID-19) Resource Kit: Return to Work. For tracking of key federal, state, and local COVID-19-related Labor & Employment legal developments, see Coronavirus (COVID-19) Federal and State Employment Law Tracker. Also see state and federal COVID-19 legislative, regulatory, and executive order updates from State Net, which are available here. For recent key Labor & Employment legal developments that may impact this content, see the Labor & Employment Key Legal Developments Tracker (Current).