New York City, NY: Employees Must be Allowed to Make Limited Changes to Work Schedules

Piling on top of New York City’s many regulations controlling employee scheduling for fast food and retail services, a new law permits eligible employees of any industry to make two temporary schedule changes per year for personal events.  Specifically, Introduction No. 1399-2016 requires employers to allow eligible employees to make two temporary schedule changes per calendar year.  Unlike the Fair Work Week bills, the new regulations broadly cover nearly all industries.

To be eligible, employees must have completed 120 days of employment and work at least 80 hours per calendar year within New York City. Schedule changes must be allowed for certain personal events, including: (1) the need for a caregiver to provide care to a minor child or care recipient; (2) to attend a legal proceeding or hearing for subsistence benefits that the employee, a family member, or employee’s care recipient receives; or (3) any circumstance constituting permissible use of New York City safe or sick time. The regulations also have specific employee notice, employer response, and timing requirements. Employers should update schedule change procedures to avoid penalties for violation of this new regulation.