NYC Temporary Schedule Change Law

This policy does not apply to individuals excluded by this law, such as employees who work fewer than eighty (80) hours per fiscal year or who have been employed for fewer than one hundred and twenty (120) days.  Staff rights and obligations under applicable collective bargaining agreements are not affected by this policy.  The provisions of their respective contract govern staff covered by collective bargaining agreements.  Collective bargaining agreements may be found in the CUHR website under CBA's.

New York City Temporary Schedule Change Law states which type of “Personal Events”, qualifies for a temporary schedule change.  The employee may request a temporary schedule change: 

(a) to provide care to a minor child or to a person living in the caregiver’s household with a disability who relies on the caregiver for medical care or the needs of daily living; or

(b) to “attend a legal proceeding or hearing for subsistence benefits to which the employee, a family member or the employee’s care recipient is a party” or;

(c) to attend to “any circumstance that would constitute a basis for permissible use of safe time or sick time” under the New York City Earned Safe and Sick Time Act.

“Temporary Schedule Change” is “a limited alteration in the hours or times that [,] or locations where [,] an employee is expected to work.”  The University may grant a schedule change by allowing the employee:

•    to change the employee’s work hours;

•    to use a day of unpaid leave;

•    to use employer-provided paid time off;

•    to work remotely or;

•    to swap shifts with another employee.

The University complies with the New York City “Temporary Schedule Change Law” by granting an eligible employee’s request for a schedule change either twice per fiscal year, for up to one (1) business day per request, or once per fiscal year for two (2) business days in a single request.

Use of Accruals

Eligible employees are not required to use leave accrued under the New York City Earned Safe and Sick Time before or in connection with temporary schedule changes under this law. 

Notification and Scheduling

 Eligible employees must notify their direct supervisor as soon as they becomes aware of the need for a temporary schedule change.  The initial request is not required to be in writing; however, if the initial request is made orally (for example, in person or by the phone) the employee must also submit a written request no later than two (2) days after returning to work.  The written request must include the date for which the temporary change was requested and that the change was due to the employee’s qualified personal event.  The department must provide an immediate response to the employee’s request, but the response does not need to be in writing, unless the employee submitted a written request.  Once an employee submits a written request, the department will provide a written response no later than fourteen (14) days from when the request was received.  The department’s response must include:•    if the request was granted or denied •    how the request was accommodated (if granted) or the reason for denial (if denied)•    number of requests the employee has made for temporary schedule changes, and•    how many days the employee has left in the year for temporary schedule changes

Anti-Retaliation

The University does not retaliate against employees who request a schedule change under this policy.

Recordkeeping

The department must retain electronic records documenting compliance with this law for at least three (3) years or any longer period required by law.