United States: Upcoming Amendments to Labour Law Provisions
Effective January 2025, several states across the United States are bringing about significant changes in their respective labor law provisions.
Read on as we cover these changes in detail –
California
Expansion of Scope for utilization of Victim Leave (AB 2499)
Currently, employees who are victims of crime or abuse are entitled to take unpaid leave. Additionally, employees can use paid sick leave for specific reasons related to being a victim of domestic violence, sexual assault, or stalking.
Effective January 1, 2025, the scope of protection will expand to cover family members of employees. If a family member of an employee is a victim of crime or abuse, the employee can request leave or accommodation to support them. These protections will be enforced under the California Fair Employment and Housing Act (FEHA), with the Civil Rights Department handling enforcement and treating violations as unlawful employment practices.
The definition of a “qualifying act of violence” is broadened in scope to include additional situations beyond traditional crime or abuse, allowing employees to take leave for more safety-related reasons.
Employees are entitled to take up to 12 weeks of leave for qualifying reasons. They may take up to five days to assist a family member with relocation if the family member is a victim and the employee is not. Additionally, employees can take up to 10 days if their family member is a victim (not deceased) and the employee is not a victim themselves.
Employees will be able to utilize paid sick leave for qualifying act of violence reasons. Leave taken under this protection will run concurrently with the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), as long as the employee qualifies, preventing overlapping leave periods.
Currently, paid family leave program is within the state disability insurance system, offering wage replacement benefits to workers who take time off to care for seriously ill family members, bond with a minor child within one year of birth or placement, or address a qualifying exigency related to the active duty of a covered family member.
Additionally, employees are allowed to use up to two weeks of earned, but unused vacation leave before receiving Family Temporary Disability Insurance (FTDI) benefits within any 12-month eligibility period.
Effective January 1, 2025, this provision will no longer apply. The amendment will eliminate the requirement for employees to take vacation leave before accessing their FTDI benefits. This change aims to ensure that employees can receive the benefits beforehand without having to exhaust their vacation leave first.
Currently, The Connecticut Paid Sick Leave (CT PSL) law mandates that employers with 50 or more employees provide paid sick leave to eligible workers. The law requires that eligible employees accrue one hour of sick leave for every 40 hours worked within a 365-day period, with a cap of 40 hours of paid sick leave per year. Employees can begin using accrued sick leave once they have completed 680 hours of employment from the date of hire.
Notice and Documentation Requirements – Employees must give up to 7 days’ notice for foreseeable sick leave and notify their employer as soon as possible for unforeseen leave. For sick leave lasting three or more consecutive days, a healthcare provider’s documentation is required. For leave related to family violence or sexual assault, alternative verification, such as documentation from a victim services organization, attorney, police officer, counselor, or court records, may be submitted.
Effective January 1, 2025, the scope of the CT PSL law will expand to include employers with 25 or more employees. The amendment will extend further starting January 1, 2026, to cover employers with 11 or more employees, and by January 1, 2027, all employers with at least one employee will be subject to the law.
Eligible employees will accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours per year. Employees will be entitled to begin using their accrued paid sick leave once they have completed 120 days of employment.
The definition of “family member” will also be broadened to include a spouse, sibling, child, grandparent, grandchild, or parent of the employee. Additionally, the law extends coverage to individuals related to the employee by blood or affinity, where the employee’s relationship to the individual is equivalent to a familial bond.
Frontloading and Documentation Provisions- Employers may choose to frontload sick leave at the start of the year, providing a bank of paid leave instead of a carryover system.
Employers cannot request documentation to verify the legal reason for using paid sick leave, ensuring employees are not burdened with unnecessary paperwork.
Currently there are no provisions for paid prenatal personal leave
Effective January 1, 2025, employees in New York who are pregnant shall be entitled to an additional paid off time of 20 hours of paid prenatal personal leave per 52-week period for doctors’ appointments, procedures, or other types of prenatal care. Paid prenatal personal leave is part of the New York Paid Sick Leave Program.
Paid prenatal personal leave is in addition to paid sick and safe leave provided under New York Sick Leave law and paid family leave under the Paid Family Leave.
Oregon
Family Leave Act (OFLA) and Paid Leave Oregon (PLO) – Redefining of benefit scope
Currently, under the Oregon Family Leave Act (OFLA), employees are eligible for up to 12 weeks of unpaid leave for specific events, such as caring for their own or a family member’s serious health condition, taking parental leave for the birth, adoption, or foster placement of a child, and additional leave for pregnancy-related disabilities. Employees could also take leave to care for a sick child or for bereavement following the death of a family member, with up to two weeks allowed per family member. While OFLA permitted the use of accrued paid leave concurrently, there were instances where it overlapped with Paid Leave Oregon (PLO).
Effective January 1, 2025, the Oregon Family Leave Act (OFLA) will be revised to better align with Paid Leave Oregon (PLO), eliminating overlap in benefits. The changes will include expanded leave categories such as for childcare, bereavement, pregnancy, and organ donation, with an additional two weeks for adoption. OFLA and PLO will no longer cover the same leave events; for example, adoption leave will be exclusively under PLO. Employers must update policies and tracking systems to ensure compliance with these changes and provide clear employee guidance.
Currently, employees are entitled to use paid sick leave primarily for their own illness or to care for a sick family member. The definition of “family member” for these purposes has been traditionally limited to immediate relatives, such as children, spouses, and parents.
Effective January 1, 2025, the amendment introduces significant expansions to both the scope of leave and the definition of eligible family members.
The amendment broadens the scope to allow employees to take paid sick leave when a child’s school or place of care is closed due to a declared emergency. This addresses public health emergencies or other crises where caregivers may need to stay home to care for children.
The amendment expands the definition of family members to include grandparents and grandchildren of the employee. It also extends coverage to the spouse of a child of the employee (such as a son-in-law or daughter-in-law). Furthermore, the law now covers individuals living in the employee’s home who depend on the employee for care, including non-relatives, as long as the person relies on the employee for assistance
Takeaway- Employers should begin reviewing policies in respect to the above-mentioned proposed changes and take action to ensure compliance with the new changes in law as soon as it becomes effective.
India: Assembly Elections 2024 – Paid Time off for Voting
Every Indian citizen aged 18 and above holds the right to vote. The Representation of People Act, 1951, mandates businesses and establishments in the voting area to declare a holiday on election day, ensuring employees receive paid leave without any deduction from their salary for the purpose of casting their respective votes.
This regulation applies universally, covering public and private sectors, including daily wage earners and casual employees, irrespective of their residential and work constituencies.
Assembly Elections November 2024: Maharashtra, Jharkhand and Wayand (Kerala)
Maharashtra: The assembly election in Maharashtra will be held in a single phase on Wednesday, November 20. All employees eligible to vote in Maharashtra will be granted paid time off to exercise their right to vote.
According to the order of the Election Commission– Every person engaged in any business, trade, industrial undertaking or any other establishment in the polling area where the election is held and entitled to vote in the State Assembly elections, shall be given a holiday on the polling day,
Jharkhand: The assembly elections are scheduled in two phases with voting on Wednesday- November 13 and Wednesday- November 20, all the employees eligible to vote in the scheduled voting phase and area will be entitled to paid-time off to cast vote.
Wayanad: All employees eligible to votein the area will be entitled to receive paid leave to cast vote on November 13.
Takeaway: Employers are required to review their existing time off policies and make necessary arrangements to provide eligible employees mandatory paid holiday, for the purpose of casting their votes in the respective elections.
Finding the right type of work schedule that optimally supports organizational operations while fostering employee satisfaction is imperative for the organization’s success.
An effective work schedule should ensure that employees maintain a healthy work-life balance, that their work operations are not interrupted, and that they can promptly meet the organization’s requirements and goals. Keep reading further to uncover the types of work schedules employers can choose from and how they can opt for the best schedule for their organization that resonates with their business objectives.
What Is a Work Schedule?
A work schedule refers to the days and hours of the week during which employees work. It provides clarity on which shift, at which times, and on which days employees will work, helping them understand when they are supposed to be available at work.
The schedule includes all the details, such as designated work hours, shift timings, working days, breaks, lunch times, and other such details.
Organizations can look forward to implementing different types of work schedules for their employees, depending on project requirements, work type, company objectives, employee preferences, and organizational culture.
For instance, customer services require employees to be available 24/7, so organizations can implement a roster system for such departments. On the other hand, engineering teams can work at flexible times, as they have to provide deliverables within a fixed timeline and just need some common hours to collaborate better.
Popular Work Schedules Employers Can Opt For
Compressed Schedule
This work schedule allows employees to complete their workweek hours in fewer days. For instance, generally, employees are required to work 40 hours each week by working 8 hours for five days. However, with a compressed workweek schedule, they can complete the same 40 hours in fewer days by working a few more hours each day and availing more days off than other schedules.
4/10 Work Schedule
The work schedule 4/10 is one of the compressed work schedules, where 40 hours of the workweek are compressed into four days rather than five. In other words, employees work 10 hours for four days, followed by three days off. This way, by working 10 hours for four days, employees can avail a three day long weekend in a 4/10 work schedule.
Pros
Longer weekend of 3 days
Reduced commuting time and cost
Increased productivity
Improved work-life balance
Low absenteeism
Lesser use of paid time off
Assists in hiring
Improved retention rate
Reduced operational costs
Cons
Longer workdays of 10 hours
Not suitable for all employees
Increased chances of burnout
Time incompatibility issues with clients, stakeholders, and business partners
Challenging for small enterprises that require customer-facing staff consistently for five days
9/80 Work Schedule
Similar to the 4/10 schedule, the 9/80 work schedule is also one of the compressed work week schedules, where the working hours of two weeks are distributed in a way that provides an extra day off in the second week.
In this two-week work schedule, during the first week, employees work 9 hours each for the first four days and 8 hours on Friday. During the second week, the employees work 9 hours each for four days and get Friday off.
Pros
Longer weekend every two weeks
For one day, employees work one hour less
Reduced commuting time and cost
Helps attract a bigger resource pool
Improved work-life balance due to an extra off
Lower absenteeism rate
Cons
Longer workdays
Hampered collaboration with stakeholders and clients
Customers, clients, and business partners may be unavailable during the extra hour
Overtime issues due to 44 hours of work in the first week
Not suitable for any industry that requires round-the-clock operations five days a week
Rotating Shift Schedule
In a rotating shift schedule, shifts rotate over time in a specific pattern to provide coverage for longer periods. Here, employees work the same number of hours each day but at different times almost every day. For instance, a team can work the day shift from 7 am to 3 pm one day, the evening shift from 3 pm to 11 pm the next day, and the night shift from 11 pm to 7 am the following day, and this pattern repeats.
The length of these shifts can differ depending on an organization’s requirements and work type. Organizations usually choose shifts of 8 hours, 10 hours, or even 12 hours long, and the type of rotation can be daily, weekly, or even monthly. The rotating shift ensures fairness and equity among employees in sharing less desirable shift timings, unlike the fixed shifts, where employees working in less desirable shifts may always feel dissatisfied.
2-2-3 Work Schedule or Panama Schedule
The 2-2-3 work schedule requires four teams to work together to provide 24-hour coverage. In this schedule, employees work a 12-hour shift in a 28-day cycle to provide round-the-clock coverage.
Here, each group of employees works for two consecutive days, gets two consecutive days off, and then works for three consecutive work days. In the next week, the team gets two days off, works for two straight days, and gets three days off. This work pattern repeats for 28 days.
Pros
Employers can have 24-hour coverage
Employees leverage maximum time offs in this schedule than any other schedule
Businesses can serve more customers
In this schedule, employees barely work more than three consecutive days
Cons
Disruption in the sleep cycle due to fluctuating shifts
Employees are prone to health risks due to irregular shift timings
Hectic shifts of 12 hours
The slow rotation can disrupt employee sleep patterns
DuPont Schedule
In the DuPont shift schedule, four teams work together in a 4-week cycle to provide 24-hour coverage. In this schedule, four teams rotate in a 4-week cycle to provide 24-hour shift coverage, and each team does a 12-hour shift. In this schedule, each team goes through the following stages before completing one rotation:
Stage 1: Work four-night shifts, then get three days off
Stage 2: Work three-day shifts, get one day off, then work three-night shifts
Stage 3: Get three days off followed by four-day shifts
Stage 4: Get seven days off
Pros
Provides 24/7 coverage to serve more customers
Uniform distribution of shifts among all employees
Reduced commuting
Provides seven consecutive days of time off, which is more than other schedules
Cons
Employees may need to work six 12-hour shifts in one week, which can lead to fatigue and burnout
In this shift, finding a replacement for the staff is difficult
The mix of forward and backward rotation can result in disrupted sleep patterns
A straight 12-hr shift can increase the chances of human errors and workplace injuries
Pitman Schedule
In the Pitman schedule, four teams provide 24-hour coverage by taking turns to work on 12-hour shifts. This schedule has a 14-day rotation period. During the first week, employees work two shifts, then take two days off, and work again for three days. The next week, they have two days off, then work two days, and then again avail three days of time off.
Pros
Employees get a 3-day long weekend every alternate week
With a minimum of 2 days off, employees have adequate time to rest before working the next shift
Consistent routine for employees
Provides round-the-clock operation to businesses
Cons
Employees may need to work up to 60 hours in some weeks
Slow rotation can impact employee productivity
Fluctuating shifts may impact the social life of employees
Continental Schedule
In this schedule, four teams work together to provide round-the-clock work operation by working 8-hour shifts. The continental schedule involves three shifts of 8 hours to provide 24-hour coverage. Here, each team goes through a sequence of 2 to 3 consecutive day shifts, swing shifts, night shifts, and days off in a cycle of 28 days.
Pros
Provides 24-hour operation coverage
Consists of short, less hectic 8-hour shifts
Has forward rotation that’s favorable for sleep cycle and overall health
Cons
Continuous seven shifts in a row can be tiring
Finding childcare services during odd hour working hours may be a challenge for working parents
Kelly Shift Schedule
Fire departments and emergency services mostly use this rotating shift to provide round-the-clock services. Here, three teams work together in 24-hour shifts in a 9-day cycle. In this 9-day cycle, teams work a total of 3 days and have six days off.
Pros
Employees get four consecutive days of time off
Each team has a total of 6 days off in a 9-day repeat cycle
Doesn’t create any sleep deficit
Cons
Working 24-hour shifts can take a toll on employee mental health
The shift length can lead to burnout
DDNNOO Schedule
In this schedule, three teams work together in a 6-day cycle, each doing a 12-hour shift. Here, each team does two day shifts, two night shifts and takes two days off.
Pros
Each team gets two days off in each 6-day cycle
Equal distribution of day and night shifts offers a sense of fairness
Cons
Frequently changing day and night shifts may disrupt the sleep cycle
Employees may work extra hours each week compared to other schedules
Apart from these, one can also consider work schedules in the following ways:
Full Time Schedule
This is a standard work schedule in which employees work a specific number of hours each week and repeat the same pattern each week. They can work Monday through Friday, usually in a 9-to-5 work setup.
Most employees work 35 to 40 hours a week full-time, which sets clear expectations for their professional commitments. With a full-time work schedule, employees enjoy job security and all employee benefits.
Pros
Job security and full range of employee benefits
Consistent work schedule
Full-time work schedules lead to structured career growth
Steady income
More opportunities to advance in careers
Cons
Limited flexibility and work-life balance
More demanding hours
Part-Time Schedule
In a part-time work schedule, employees work fewer hours than full-time employees without the same benefits as full-time employees. However, the schedule may involve working night or rotating shifts, depending on the business needs. This type of work schedule offers more flexibility due to fewer work hours, and even students or parents with other commitments find this work schedule to be the most appropriate.
Pros
Better work-life balance
Ideal for students and parents with other commitments
Increased flexibility
Higher employment rate
Cons
Job insecurity
Less committed workers
Limited career advancement opportunities
Employees are not entitled to some benefits like health insurance, sick leave, holiday pay, etc.
Flexible Schedule
Flexible work schedules allow employees to choose the timings and days of work that suit their preferences and convenience. However, companies can choose to keep a period of core hours during which employees need to be available in the office or for work, irrespective of their work hours. This way, employees can choose the start and end times of their workday to work around the core period mandated by the employer.
Pros
Better work-life balance
Increased productivity
Employees can plan their work hours around their personal errands
Greater job satisfaction
Lower overhead costs
Reduced commuting
Reduced absenteeism and tardiness
Better recruitment and employee retention
More agile to adapt to emergencies, such as pandemics
Cons
Challenges in collaboration due to different work timings
Chances of loss of company culture
Reduced employee engagement
Employees may use office hours for personal errands
Managing a diverse workforce for a flexible schedule can be difficult
Split Shift Schedule
In split shifts, a day’s total work hours are divided into two or more working periods separated by periods of time off. For example, an employee may work from 8 am to 12 am and 4 pm to 8 pm on the same day.
Pros
Allows rest period between shifts
Improved work-life balance and flexibility
Increased employee productivity
More time for personal development and career advancement
Employees can make time for other commitments without losing work hours and pay
Cons
Long work days, if the breaks are also considered in overall work hours
Collaboration with team members can be challenging
Not ideal for employees who need to commute long distances
Reduced sleep hours due to two shifts within the same day
On-call Schedule
This schedule ensures that employees are available to work whenever needed. This way, with the on-call schedule in place, employers can meet ad-hoc and sudden requirements promptly. This work schedule is most common in emergency services, where employees must respond to sudden, urgent situations immediately. However, employees are rotated from time to time so that they get uniformly distributed work responsibilities and workloads.
Pros
Less hectic work schedule as actual work hours are lesser than regular ones
Employees can receive additional pay for on-call shifts
Overtime for extra hours you work
Provides coverage whenever required
Quicker response time
Cons
Unpredictable work hours and timetable
Poor work-life balance
Employees are entitled to pay even if they don’t get called in
More chances of work-family conflicts
Seasonal Schedule
Some businesses require more staffing seasonally during those peak times of the year. So, a seasonal work schedule allows employers to hire more staff during busy periods and cut the workforce back during the off-season. The seasonal work schedule mostly occurs during a specific time of the year and lasts 4-6 months. This particular work schedule works according to seasonal fluctuations and is implemented for only a brief period. However, it also allows the regular employees to earn additional income.
Pros
Offers the opportunity to earn extra income
Suitable for people looking for short-term employment
More flexible staffing than other schedules
Provides the flexibility to scale your workforce up or down as per the need
Cons
No job security and lack of stability for employees
Lesser pay and employee benefits
Uncertain work timings and work period
Freelance Schedule
The freelance work schedule is more like self-employment, where the employees are the bosses of their own schedules; that is, they decide their work hours and schedules. This work schedule offers the greatest flexibility as the employees do not abide by particular schedules; however, they are required to work on the deliverables by the stipulated timeline.
Pros
Most flexible schedule
Work hours decided by employees
Freedom to work from the location of choice
Large income potential
Cons
Lack of job security and other employment benefits
Inconsistent income and work timings
Greater risk of isolation
Irregular Shift Schedule
Here, the shift schedule varies daily or weekly based on the employer’s needs rather than the employee’s preferences. The irregularity in the timetable may pose challenges in terms of health and planning personal commitments.
Pros
Good opportunity for employees looking to earn additional income
Stable income irrespective of work hours
Cons
Planning personal activities is challenging due to unpredictable timetable
Work-life balance is impacted
Chances of work-family scheduling conflicts
Overtime Schedule
When employees work beyond their standard work hours, which are eight, that can be termed an overtime schedule. In fact, they receive overtime pay for working extra hours apart from the general hours. As per the Fair Labor Standards Act (FLSA), employees in the USA are entitled to be paid overtime hours at 1.5 times their normal pay. However, individual employers may choose their own policies.
Pros
Higher pay rate to work this shift or hour
Offers the opportunity to earn extra income
Helps meet staff shortage
Cons
Doing overtime on a regular basis may lead to stress and burnout
Some employees may abuse overtime hours for personal benefit
How Does a Work Schedule Help Employees?
Improved Productivity
Work schedules with adequate time to rest and relax help employees stay well-rested, energized, and productive. These provide the much-needed downtime and rest period for employees to function at their highest capacity.
In fact, surveys show that inadequate sleep can lead to a decline in productivity and adequate rest periods boost employees’ productivity, concentration, and quality of work, thus contributing to enhanced productivity and efficiency at work.
Moreover, if employers choose to implement flexible work schedules for their employees, this may give employees some freedom and flexibility to choose their work hours, contributing to enhanced productivity.
Creates Clarity for Employees
With any work schedule in place, team members can see who’s working and in which shift. This can enable them to reach out for help or know which employees they can swap their shifts with if required.
With clarity on who is working and in which shift, team members can stay abreast of each other’s availability. Thus, employees on time off can disconnect from work entirely without the need to respond to their colleagues during time off.
Helps Adhere to Labor Laws
With a specific work schedule in place, employers can ensure compliance with several mandatory laws, such as rest breaks, meal breaks, and overtime pay. For example, there are provisions for a specific number of hours that employees can work, and beyond that, they’re entitled to overtime pay with specified rates. Thus, having a specific schedule that is approved as per regional and federal laws helps employers stay compliant with necessary regulations and rules.
Fosters Good Health
Having a fixed schedule helps employees set routines for their personal and professional lives. Regular routines allow employees to schedule time for exercise, meals, and rest periods, leading to a healthier lifestyle.
How to Choose the Best Work Schedule for Your Organization
Evaluate Your Requirements
The first step is to assess your organization’s needs. Do you need 24/7 coverage, or does your work type revolve around more timeline-related projects?
Do you need more staff during some busy periods or need a workforce on a consistent basis?
Do you need a full-time workforce or can part-time employees also work?
Do you need a work schedule where employees should work specific hours, or can they set their work hours?
Such questions will help you understand your organization’s needs and help you determine what type of schedule is best for you.
Determine Core Hours
If you choose to implement a flexible work schedule for your employees, where they can choose their work timings then you should ensure to determine the core work hours for each day. During these core hours, each employee’s availability will be mandated irrespective of their shift timings.
Check the Schedule Followed in the Industry
Every industry has different work schedules based on their work type and work operations.
Check what schedule is most preferred by other organizations belonging to your industry. What sort of work schedule works best for them, and how?
Then, according to that analysis, choose the one that resonates with your business needs and aligns with employee preferences. For example, if you are in the emergency services and most other businesses use on-call services, you can consider going ahead with the same.
Start a Trial Period
Irrespective of the work schedule you choose, consider running a trial period before making the final call. Implement a particular schedule for some specific teams and see how it goes. You can also seek feedback from employees and stakeholders to understand how this specific trial period is working out for them.
Bottom Line
For most businesses, a traditional full-time work schedule works fine. However, with the changing market needs, employers are slowly trying their hands at other work schedules that can serve their needs more efficiently while ensuring that employees are satisfied. No matter which of the work schedules employers consider applying, they need to ensure that they create error-free schedules on time.
However, when it comes to rotational shifts, employers may face challenges in creating shifts manually, and it’s also prone to double booking. Thus, they can leverage any efficient workforce management solution such as Deltek | Replicon’s Workforce Management Software, which can create conflict-free schedules as per the requirements, eliminate the chances of double booking, and enable employees to swap shifts with each other.
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