Relates to flexible working arrangements

BILL NUMBER:S2414

Title of bill

An act to amend the labor law, in relation to flexible working arrangements

Purpose

To give employees the right to request flexible working arrangements that meet the needs of both the employer and employee.

Summary of provisions

Section 1 amends the labor law by adding a new Section 171:

Provides definitions for "flexible working arrangement" and "inconsistent with business operations."

States an employee may request a flexible working arrangement that meets the needs of the employer and employee. The employer shall discuss the request for a flexible working arrangement with the employer. The employer must consider the request and whether it can be granted in a manner not inconsistent with its business operations.

States the employer shall notify the employee of the decision and if the request was submitted in writing, the employer shall state any denial in writing.

States that provisions of this section shall not diminish any employment rights pursuant to a collective bargaining agreement.

Restricts an employer from retaliating against an employee for exercising his or her rights.

States that nothing in this section shall require an employer to accept the flexible work arrangement of the employee.

Establishes the commissioner's power of investigation and states the commissioner shall promulgate rules and regulations for the implementation of this section.

Section 2 establishes the effective date.

Justification

A flexible work arrangement provides employees with a variable work schedule in contrast to the traditional work experience. Studies show that businesses that provide flexible working arrangements experience a reduction in absenteeism and lateness. Both employees and employers benefit in that employees are more likely to become more productive and willing to help employers succeed. Other advantages in allowing employees to adopt flexible arrangements include conforming work schedules to mass transit schedules, schedules their children have, or less congested travel times.

This bill is modeled on similar legislation from Vermont, the first state in the nation to pass legislation that gives employees the right to request flexible working arrangements. Similar legislation has also been instituted in San Francisco. As the need for workplace flexibility grows, New York should also serve as a model for the ways in which employees can work effectively and efficiently in today's work world. Passage of this bill would not make flexible working arrangements in the workplace a requirement, but instead would give employees the right to request flexible working arrangements and employers the right to reject such requests. It would establish the procedure by which requests are to be reviewed, requiring that employers consider a request, discuss it with the employee, and notify the employee of the decision in a timely manner.

Legislative history

This is a new bill.

Fiscal impact on the state

None.

Effective date

This act shall take effect immediately.