On July 18, 2018, the New York City Temporary Schedule Change Law took effect. As we previously reported, under the new law, eligible employees have a right to temporary changes to their work schedule for certain “personal events,” up to two times a year, for one business day per event. A temporary change means an adjustment to the employee’s usual schedule, and can include shifting work hours, swapping shifts, working remotely, or unpaid or paid leave. The employee can request a temporary schedule change if the employee needs to provide care to a minor child or care recipient or to attend a legal proceeding for public benefits, as well as for any other permissible use under the City’s Safe and Sick Time Act. Our previous alert contains additional details regarding the requirements under this new law.
The New York City Department of Consumer Affairs (“DCA”), the agency tasked with enforcing the law, recently launched a new website containing information and frequently asked questions about the new law. Notably, the DCA announced a new posting requirement and published a model Notice of Employee Rights, titled “You Have a Right to Temporary Changes to Your Work Schedule.” Employers must conspicuously post the notice on 11x17 paper in the workplace, in English and any language that is the primary language of at least 5 percent of workers at the workplace. So far, the DCA has only published an English version of the notice; translated notices are forthcoming.
Employers in New York City must post the Notice of Employee Rights in their workplaces immediately to comply with the new law.