HR Alert

New York City Passes Work Schedule Change Law

Law Generally Applicable to All Employers

New York City has passed a work schedule change law generally applicable to all employers. Highlights of the law are presented below.

Temporary Scheduling Changes
An employer must grant an employee's request for a temporary change to the employee's work schedule relating to a personal event. The law establishes a written process for employees and employers to communicate regarding requests for such changes.

A temporary change is a limited alteration in the hours or times that or locations where an employee is expected to work (e.g., using paid time off, working remotely, swapping or shifting work hours, and using short-term unpaid leave).

Number of Requests
The employer must grant a request for a temporary change to the employee's work schedule 2 times in a calendar year for up to one business day per request. The employer may permit the employee to use 2 business days for one request (in which case the employer need not grant a second request).

Other Changes
An employee may request (and in so doing is protected by certain provisions of city law), and an employer may grant or deny, a change to a work schedule other than the temporary changes an employer is required to grant under the law (section: 20-1262(a)).

Note: An employee request for such other work schedule changes and an employer response must follow the procedure in the law (and applicable rules) to the extent applicable.

Exemptions
The law does not apply to any employee who (among other things):

  • Has been employed by the employer for fewer than 120 days; or
  • Works fewer than 80 hours in the city in a calendar year.

Click here for more information. The law is generally effective July 18, 2018.


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