New York City’s City Council recently passed various changes that amended their Fair Workweek Law. The law itself seeks to provide employees with predictable scheduling to allow a healthy work-life balance and prevent abuse. The recent change requires employers to allow employees to take two temporary schedule changes per calendar year for a personal event. Let’s review the changes and the law in its entirety, by making our way through the mandatory poster available from the NYC Department of Consumer Affairs’ (DCA) Office of Labor Policy & Standards (OLPS), to make sure you are fully up to date and compliant.
First of all the change. Effective July of 2018, employees who have been employed for 120 days or more and who work 80 hours or more per calendar year in the City can request a temporary change to their work schedule for a personal event. As per the mandatory notice: the change “must be to accommodate a personal event…for up to: two (2) separate occasions, each totaling one (1) business day OR one (1) occasion for up to two (2) business days.”
The law and notice defines “personal event” as:
- The need to care for a child under the age of 18
- The need to care for a “care recipient,” a person with a disability who is a family or household member and relies on you for medical care or to meet the needs of daily living.
- The need to attend a legal proceeding or hearing for public benefits to which the employee, a family member, or the employee’s minor child or the care recipient is a party.
- Any other reason for which the employee may use leave under NYC’s Paid Safe and Sick Leave Law.
In addition to the employee requirements listed above, this law applies regardless of immigration status. Employees can also expect freedom from retaliation for additionally schedule change requests. Now, the employers are not required to grant these additional schedule changes, but they may not retaliate against you for making the request. If the employee’s request is covered by this law then the employer must either approve the proposal or provide leave without pay. While the law also allows for the employer to offer you the ability to use paid time off, the employee does not have to accept this offer.
All of this information and more is included on the mandatory posting which is available from the OLPS.