NYC: Temporary Schedule Change Requirements

The New York City Department of Consumer Affairs (DCA) has released guidance on the city’s Temporary Schedule Change Law, which went into effect in July.

Employers are required to provide employees who work at least 80 hours in a calendar year and have been employed for at least 120 days “with up to two (2) temporary schedule changes per calendar year for certain ‘personal events'”.

A request can only be denied “if the employee has already exhausted his/her two (2) requests provided by the law or if an exemption applies”.

JD Supra outlines the following as “personal events”:

  • To provide care to a minor child (up to eighteen (18) years old) or to a disabled person living in the employee’s home who is dependent upon the employee for care;
  • To attend a legal proceeding or hearing for subsistence benefits; or
  • For any circumstance that constitutes a basis to take earned sick time under the New York City Earned Sick and Safe Time Act (“NYC Sick and Safe Time Act”).

Qualifying employers must post the notice immediately, and are reminded that they are “prohibited from retaliating” against employees who request changes under the new law.

For more on these requirements, please click here.

The information included in this blog post originally appeared in an article in JD Supra on August 6, 2018, written by Marissa Mastroianni of Cole Schotz.

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