3 Key Takeaways
- Most employees who regularly work in New York City are entitled to safe and sick leave protections under city and state law.
- The amount of paid or unpaid leave available depends on an employer's size and, in some cases, annual income.
- Recent updates have expanded employee protections, including additional leave benefits and stronger notice requirements for employers.
What New York City workers should know about sick leave
When you're dealing with an illness, caring for a family member, or navigating a difficult personal situation, taking time away from work shouldn't add unnecessary stress. New York City's Earned Safe and Sick Time Act (ESSTA) gives many employees the ability to take protected leave while helping ensure they can prioritize their health and well-being.
Understanding how these laws work can help you feel more confident about your rights and what you may be entitled to if you work in New York City.
Who is covered by New York City's sick leave law?
The Earned Safe and Sick Time Act (ESSTA) applies to most private employers in New York City, including nonprofits, small businesses, and employers of domestic workers.
Covered employees may include:
- Full-time employees
- Part-time employees
- Temporary employees
- Seasonal employees
- Per diem employees
- On-call workers
- Domestic workers
- Undocumented workers
Employees who live outside New York City may still be covered if they regularly perform work within the city.
Some individuals are not covered by the law, including certain government employees, independent contractors, students participating in federal work-study programs, and certain workers covered by collective bargaining agreements that provide comparable benefits.
For additional information about employee leave rights, visit the NYC Department of Consumer and Worker Protection.
How safe and sick leave is earned
Employees accrue safe and sick leave at a rate of one hour for every 30 hours worked, beginning at the start of employment.
The amount of leave available depends on employer size:
- Employers with 100 or more employees must provide up to 56 hours of paid leave annually.
- Employers with 5 to 99 employees must provide up to 40 hours of paid leave annually.
- Employers with four or fewer employees must provide up to 40 hours of unpaid leave unless the employer's net income exceeds $1 million, in which case the leave must be paid.
Unused accrued leave generally carries over from year to year, although employers may limit how much leave can be used annually based on applicable legal limits.
When can safe and sick leave be used?
Safe and sick leave may be used for a variety of personal and family needs.
Employees may use leave if they have been affected by:
- Mental or physical illness, injury, or health conditions
- Medical diagnosis, treatment, or preventive care
- Caring for a family member with a health condition
- Workplace or school closures related to a public health emergency
- Circumstances involving domestic violence
- Sexual offenses
- Stalking
- Human trafficking
These protections are designed to help workers address important health and safety concerns without fear of losing their job.
You can learn more about employee protections through the U.S. Department of Labor.
New leave requirements taking effect in 2026
As of February 22, 2026, New York City employers must provide additional leave benefits.
These include:
- 32 hours of unpaid safe and sick leave that is immediately available at the start of employment
- 20 hours of paid prenatal leave each year
Unlike accrued safe and sick leave, the 32 hours of unpaid leave available at the beginning of employment does not carry over into the next benefit year.
Notice requirements employers must follow
Employers are required to provide written notice explaining employee rights under the Earned Safe and Sick Time Act (ESSTA) when employment begins.
The notice must explain:
- How leave is accrued
- How leave may be used
- Protection against retaliation
- The right to file a complaint with the Department of Consumer and Worker Protection
Employers must also provide leave balance information each pay period, either on pay statements or through other written documentation.
Additionally, notices must be provided in English and in an employee's primary language when a translation is available.
Important rules employees should know
There are several additional protections and limitations under New York City's leave laws:
- Employees who work remotely from outside New York City generally are not covered unless they regularly perform work within the city.
- Employers may establish a minimum increment for leave usage, but it cannot exceed four hours.
- Employers that fail to provide required notices may face civil penalties.
Understanding these details can help employees recognize when their rights may not be fully respected.
For a deeper look at how federal and state leave laws interact, the NYC Workers' Rights page provides additional guidance on your options.
Understanding your rights and next steps
New York City's safe and sick leave laws provide important protections for workers facing health challenges, family responsibilities, and difficult personal circumstances. Knowing how leave is earned, when it can be used, and what obligations employers must meet can help you make informed decisions if questions arise in your workplace.
If you're concerned that your employer may not be complying with New York City's sick leave requirements or you're unsure how these laws apply to your situation, contact us at VKV. We're here to help you understand your rights and explore your options.