Effective July 18, 2018, NYC’s new Temporary Schedule Change Law requires employers to provide temporary changes to eligible employees’ work schedules up to two (2) times each calendar year in order to accommodate an employee’s “personal event.” Employers are encouraged to review the detailed FAQ released by the NYC Department of Consumer Affairs ("DCA"):
CLICK HERE to review the DCA FAQs
CLICK HERE to read the full text of the new law
KEY COMPONENTS OF THE LAW
What is a "personal event"?
A personal event occurs when an employee needs to:
care for a minor child for whom the employee provides direct and ongoing care;care for an individual (“care recipient”) with a disability for whom the employee provides direct and ongoing care to meet the needs of daily living and who is a family member or who resides in the caregiver’s household;attend a legal proceeding or hearing for public benefits for the employee, a family member, or the employee’s minor child or care recipient; oruse leave for permitted reasons under NYC’s Paid Safe and Sick Leave Law, including care and treatment of the employee or a family member or assistance or other safety measures if the employee or a family member may be the victim of any act or threat of domestic violence or unwanted sexual contact, stalking, or human trafficking.
What changes in schedule must be given for a personal event?
Employees can propose the type of temporary change they would like when they request it.
If the request is for a qualifying “personal event,” the employer must either approve the employee’s proposal or provide leave without pay.Employers cannot require employees to use leave earned under NYC’s Paid Safe and Sick Leave Law or any paid time off under the Temporary Schedule Change Law. Employees may choose to use such paid time off.Other permissible temporary changes can include working remotely or swapping or switching work hours.
Which employees are covered by the law?
All employees who work 80+ hours per calendar year in NYC and who have been employed by their employer for 120 or more days. Employees not covered by the law include government employees, certain employees subject to a collective bargaining agreement, and certain employees in motion picture, television, and live entertainment industries.
What is the mandatory posting requirement?
Employers must post the notice entitled “You Have a Right to Temporary Changes to Your Work Schedule” where employees can easily see it at each NYC workplace. Employers must post this notice in English and in any language that is the primary language of at least 5% of the workers at a workplace if the translation is available on the DCA website. The DCA has indicated that it will be posting translated versions of the notice soon.
CLICK HERE for the English version of the Temporary Schedule Change Notice
Do employers need to have a written policy?
While employers are not required to have a Temporary Schedule Change policy, such a policy is strongly recommended to confirm compliance with the law. In addition, the law states that employers’ policies must meet or exceed the requirements of the Temporary Schedule Change Law.
Let us know if you need an assessment of your current policies or need assistance drafting this type of policy.
Are there record-keeping requirements?
Employers must retain electronic records documenting their compliance with the law for three (3) years unless another law requires that records be maintained for a longer period.Employers must provide a written response to any employee’s written request for a temporary schedule change and such responses should be kept for at least three (3) years.
Let us know if you need assistance drafting a Temporary Schedule Change Request Form or a Temporary Schedule Change Written Response.