Temporary Schedule Change Act Requirements Narrowed for 2026

Under the Temporary Schedule Change Act (“TSCA”), the New York City Council has scaled back employer obligations with respect to an employee’s short-term, limited alteration to their work hours, location, or days off for personal reasons (i.e., childcare, appointments, or domestic situations). Amendments to the TSCA become effective on February 22, 2026.

These changes eliminate several requirements that previously applied to employee scheduling requests, while preserving key procedural and anti-retaliation protections.

Key TSCA Changes:

1. Elimination of Mandatory Temporary Schedule Changes

Employers are no longer required to grant employees working in New York City up to two temporary schedule changes per year for personal events. Many circumstances that previously fell under TSCA are now addressed through ​ESSTA (Earned Safe and Sick Time Act)​’s expanded leave framework.

2. Obligations That Remain in Effect

Employers must still:

  • Accept employee requests for temporary schedule changes.
  • Respond as soon as practicable, indicating approval, denial, or an alternative arrangement.

Importantly, TSCA’s anti-retaliation protections remain fully intact, and employers should continue to exercise caution when handling requests.

Before February 22, 2026, employers should:

  • Review leave and scheduling policies to ensure ​ESSTA​ and TSCA alignment.
  • Train supervisors on how the two statutes now interact.
  • Confirm that HR and management understand which requests fall under ​ESSTA​ versus TSCA
  • Conduct a compliance audit to ensure consistent responses and proper documentation.

While TSCA obligations have narrowed, misclassification of requests or inconsistent handling can still expose employers to risk.

For guidance on navigating the revised ESSTA/TSCA framework, please contact ​Jack Malley​, Partner in KMWB’s Labor & Employment Practice Group, at ​jmalley@kuckermarino.com​.

Jack Malley is a partner at Kucker Marino Winiarsky & Bittens, LLP. Jack represents property owners, developers, and financial institutions in matters involving wage and hour compliance, workplace investigations, discrimination and harassment defense, and labor relations.

If you have any questions, please do not hesitate to contact Jack at 212-869-5030.

Media Contacts:

Briana Spariosu
Kucker Marino Winiarsky & Bittens, LLP
(212) 869-5030
bspariosu@kuckermarino.com