WORKPLACE ALERT FOR NEW YORK CITY EMPLOYERS: ARE YOU IN COMPLIANCE WITH NYC’S PROTECTED TIME OFF LAW?

By: Jacqueline C. Gerrald, Partner
(Bekka Wiedenmeyer, Legal Intern, contributed to this article)

It has been nearly two months since the amendments to the safe and sick leave laws in NYC became effective. Are you in compliance with the updated law? See a summary of the key highlights below.

Effective February 22, 2026, New York City now requires employers, regardless of size, to provide 32 hours of unpaid safe/sick time under the Earned Safe and Sick Time Act (ESSTA), available immediately upon hire. This leave is in addition to existing paid safe/sick leave accruals (40 or 56 hours) and prenatal leave (20 hours). Employers are also now required to provide employees with an updated Notice of Employee Rights reflecting these changes, available here in most primary languages.

The amendment has also broadened qualifying reasons for leave. In addition to current allowances—such as diagnosis, treatment, or caring for a family member with a medical condition or addressing domestic violence—the amendment added new qualifying reasons, including use of leave during a “public disaster” or following “workplace violence.”

A “public disaster” is defined as “an event such as fire, explosion, terrorist attack, severe weather conditions or other catastrophe that is declared a public emergency or disaster by the president of the United States, the governor of the state of New York or the mayor of the city of New York.” An employee may use it as a qualifying reason if such an event has caused the closure of the employee’s place of business, restricted in-person operations, or caused the employee to remain indoors or avoid travel to prevent them from reporting to their work location. An employee may also use such leave if the “public disaster,” or a public health emergency, affects in-person operations at their child’s school or daycare.
Under the law, “workplace violence” is defined as “any act or threat of violence against an employee that occurs in a place of employment,” such that the employee must take actions necessary to maintain, improve or restore their health and safety.

The amendment also now permits an employee to use safe/sick time if they are a caregiver and must provide care for a minor child or care recipient. Under the law, “caregiver” is defined as “a person who provides direct and ongoing care for a minor child or care recipient. “Minor child” is subsequently defined as “a child under the age of 18,” and “care recipient” means a “person with a disability who is a family member or a person who resides in the caregiver’s household and relies on the caregiver for medical care or to meet the needs of daily living.” Employees may use safe/sick time not only to provide care for a minor child or care recipient, but also to initiate, attend or prepare for a legal proceeding or hearing related to subsistence benefits or housing to which the employee, their family member or their care recipient is a party, or to take necessary actions to apply for, maintain or restore subsistence benefits or shelter to the aforementioned individuals.

While the amendment currently only covers employees and their family members, New York City Council is considering legislation that would expand coverage to include the care of a companion or service animal needing medical diagnosis, care or treatment of a physical illness, injury or health condition. First introduced on October 23, 2024, this proposal was filed at the end of the 2025 legislative session and may advance in the next session.

Under the amendment, employers may set reasonable minimum increments for leave use, not exceeding four hours per day. Employees may use unpaid leave when paid leave is unavailable or at their request. Unused unpaid leave does not need to be carried over, but the 32 hour bank renews on the first day of each calendar year.

Currently, the amended law applies only to New York City employees and does not expand New York State leave laws.

On a separate but related note, as of February 22, 2026, New York City employers are no longer required to approve an employee’s requested temporary change to their work schedule for a personal event, defined as “the need for a caregiver to provide care to a minor child or care recipient; an employee’s need 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 any circumstance that would constitute a basis for permissible use of safe time or sick time.” However, employers must respond to the request as soon as is practicable and may not retaliate against the employee for such a request.

HOW TO GET MORE INFORMATION

For more information about the amended law or any other employment law matters, please reach contact:

Jacqueline C. Gerrald, Esq.
Co-Chair, Employment Law Practice
https://www.mclaughlinstern.com/attorneys/jacqueline-c-gerrald/

Steven J. Hyman, Esq.
Co-Chair, Employment Law Practice
https://www.mclaughlinstern.com/attorneys/steven-j-hyman/

This article and any related content posted by McLaughlin & Stern, LLP is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create an attorney-client relationship between the firm and the reader or recipient.