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New York City Permits Employees to Request Schedule Changes

08/01/18

Author: ADP Admin/Wednesday, August 1, 2018/Categories: State Compliance Update, New York

Overview: New York City has enacted a law (Int. 1399-A) that allows employees to request up to two schedule changes per year for certain personal events. The law took effect on July 18, 2018.

Under the law, employers must grant up to two requests for temporary schedule changes to employees each calendar year for up to one business day per request. However, employers can allow an employee to use two business days for one request, in which case the employer is not required to grant a second request in that calendar year. Employers are prohibited from retaliating against employees who request changes to their schedule in accordance with the law.

In order to be eligible, requests for temporary changes must be related to qualifying personal events, including:
  • The need to provide care to a minor child or care recipient (family member or person living at the caregiver’s home that relies on the caregiver for medical care or daily living needs);
  • A legal proceeding or hearing for subsistence benefits; or
  • Any circumstance qualifying under the City’s Earned Safe and Sick Time Act. Note: employees aren’t required to use accrued sick leave before requesting a schedule change.
Employee Notice:
Employees must notify their employer of the need for leave as soon as possible and must indicate that it is for a qualified personal event. Unless the employee seeks unpaid leave, they should also include a proposal for the type of schedule change, such as unpaid time off, remote work or shift swap. Initial requests are not required to be in writing. However, as soon as practical but no later than the second business day after returning to work, the employee must submit the request in writing. The written request must include the date of the schedule change and that it was due to a qualifying personal event. Requests can be submitted electronically if that is how schedule requests are commonly communicated.

Employer Requirements: 

Employers must respond to requests immediately, but not necessarily in writing. Once a written request is received from an employee, employers must respond as soon as practical but no later than 14 days after receipt. Responses can be electronic if the employee has easy access to receiving communications in that manner. The written reply must include:

  • Whether the employer approves the proposed request or agrees to unpaid leave;
  • If denied, a reason for the denial; and
  • The remaining number of requests and business days the employee has in the calendar year.
Note: Requests can only be denied if the employee has already exhausted the two allotted requests or if an employee is otherwise ineligible (see below).

Employee Coverage:
To be covered under the law, an employee:
  • Must be employed by the employer for at least 120 days; and
  • Work at least 80 hours during a calendar year in NYC;
The law does not apply to those covered by a valid collective bargaining agreement or certain employees working in the entertainment industry.

Interaction with Other Laws:
The law does not affect an employers’ obligation to provide a reasonable accommodation in the form of schedule changes under other laws, such as the Americans with Disabilities Act. Additionally, it also doesn’t preempt other laws that provide for comparable or greater benefits.

Action Required: Employers with employees in New York City should read the law in full to ensure compliance by July 18, 2018. Anyone involved in supervising or scheduling employees should be trained as well. As always, please be sure to contact your HR Business Partner if you have any questions.

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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