The NYC Temporary Work Schedule Change Law protects employees who seek temporary changes to their work schedules for a personal event. Employees are eligible for up to two temporary schedule changes each calendar year. Temporary changes include a limited alteration in the hours or times that or locations where an employee is expected to work, including, but not limited to, using paid time off, working remotely, swapping or shifting work hours and using short-term unpaid leave.
The following are considered qualifying personal events:
An employee must notify their employer or direct supervisor when they become aware of the need for a temporary change, either verbally or in writing. They must state the temporary change is to accommodate a qualifying personal event. No later than two days after returning to work, the employee must indicate in writing the date for which the temporary change was requested and note the change was due to the employee’s qualifying personal event.
Within 14 days of receiving the request in writing, the employer must provide a written response that includes the following information:
An employer may deny a request for a temporary change relating to a personal event only if the employee has already exhausted the two allotted requests in the calendar year or if an exemption applies. If an employer permits an employee to use two business days for one request, granting a second request is not required.
Employees who have been employed for fewer than 120 days or do not work at least 80 hours in a calendar year in New York City are exempt from this law.
Under the NYC Temporary Work Schedule Change Law, employees are not required to use NYC ESSTA leave before requesting schedule changes. Unpaid leave granted for a personal event does not count towards any ESSTA-mandated leave. Likewise, leave granted under the ESSTA does not satisfy the requirements under this law.