New York City generally requires all employers to grant each employee two requests for a temporary change to his or her work schedule per calendar year due to a personal event. The chart below details the generally applicable legal requirements. However, additional rules may apply, particularly to fast food and retail employers. For more information, please contact the New York City Department of Consumer Affairs at 3-1-1 from within NYC or 212-639-9675 outside NYC.
| What is a “temporary change”? | A limited alteration in the hours or times that or locations where an employee is expected to work. This includes, but is not limited to, using paid time off, working remotely, swapping or shifting work hours, or using short-term unpaid leave. |
| What is a “personal event”? | Need to provide care to a minor child or care recipient;Need to attend certain legal proceedings, including hearings for subsistence benefits; orAny circumstance that would constitute a basis for permissible use under New York City’s Safe and Sick Leave Law. |
| How many requests must an employer grant? | Two requests per calendar year, for up to one business day per request. |
| Must employees give notice? | Yes. An employee who requests a temporary change generally must notify his or her employer once aware of the need for a temporary change. The employee must also put this request in writing as soon as practicable. |
| When must an employer respond to a request? | An employer who receives a temporary change request must respond immediately, either verbally or in writing. However, as soon as practicable, the employer must also provide a written response to the employee. |
| May an employer deny a request? | Yes, if the employee has already used his or her two allotted requests in the calendar year. |
| Must employers keep records? | Yes. Employers generally must retain electronic records documenting compliance with these requirements for 3 years. |
| Must employers post a notice? | Yes. Employers generally must post a notice regarding these requirements in a place where employees can easily see it. The notice must be in English and in any language that is the primary language of at least 5% of the workers, provided the city has made a notice available in that language. These notices must be printed on and scaled to fill an 11” x 17” sheet of paper. Click here to download applicable notices. |
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.