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New York City Employers Must Grant Temporary Work Schedule Changes Beginning July 18

By Richard I. Greenberg, Jonathan L. Bing, Daniel J. Jacobs, James L. Ansorge and Brian R. DeShannon
  • January 25, 2018

Starting on July 18, 2018, New York City employers will be required to provide temporary schedule changes to employees for a “personal event.”

Int. 1399-A became law on January 19, 2018, after Mayor Bill de Blasio failed to sign or veto the bill. 

Under Int. 1399-A, with limited exceptions, an employer must grant an employee’s request for a temporary change to the employee’s work schedule because of a “personal event.” The bill entitles employees to no more than two such requests in a calendar year, for up to one business day per request.

The employer also may fulfill its obligation by permitting an employee to use two business days for one request.

The law also protects employees from employer retaliation for making certain other schedule change requests. Int. 1399-A amends Chapter 12 of title 20 of the administrative code of the City of New York (commonly referred to as the “Fair Workweek Law”) by adding a new subchapter 6. For details of Int. 1399-A, including definitions, employee obligations, and exemptions, see our article, New York City Employers Must Grant Temporary Work Schedule Changes under Bill Passed by City Council.

Int. 1399-A’s employee protections will take effect on July 18, 2018. If employees are covered by a valid collective bargaining agreement in effect on that date, then the law will take effect on the date of termination of such agreement.

The Director of the Office of Labor Standards has the power to promulgate additional rules regarding the implementation of this law before the effective date.

Jackson Lewis will offer further updates on the law as agency guidance is available. Please contact the Jackson Lewis attorney with whom you regularly work for assistance in modifying your organization’s practices to comply with the new law.

©2018 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

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