New York City - Protected Time Off Law

New York City employers must act quickly as major amendments to the Earned Safe and Sick Time Act (ESSTA), now referred to in updated guidance as the Protected Time Off Law, took effect on February 22, 2026. The New York City Department of Consumer and Worker Protection (DCWP) has released a revised Notice of Employee Rights and proposed implementing rules, signaling heightened enforcement. Most significantly, employers must now provide employees with an additional 32 hours of unpaid protected time off, available immediately upon hire and frontloaded at the start of each calendar year. This new unpaid leave does not carry over and cannot be prorated, and it is in addition to existing accrued safe & sick leave.

The amendments also expand how and when employees can use protected time off. Covered reasons now include caring for a minor child or care recipient, addressing sudden school or childcare closures, responding to workplace violence, attending legal proceedings related to public benefits or housing, and staying home during declared public disasters or severe weather events. The law also incorporates a separate requirement for 20 hours of paid prenatal personal care leave each year, which must be maintained in its own leave bank.

Compliance obligations extend beyond granting leave. Employers must revise written policies to address both paid and unpaid protected time off, update payroll systems to reflect accrual, usage, and balances each pay period, clearly distinguishing between paid and unpaid time and distribute the updated Notice of Employee Rights to employees in their primary language. The notice must also be posted in a visible and accessible workplace location. These amendments trigger an immediate redistribution requirement.

With penalties including monetary damages and potential civil fines for noncompliance, employers should promptly update handbooks, payroll practices, and manager training. The February 22 effective date leaves little room for delay, and organizations with NYC employees should assume their current policies require revision to meet the law’s expanded requirements.

In summary, employers within NYC limits must replace their Earned Safe and Sick Time Notice with the new Protected Time Off Notice, in order to keep in compliance with the local regulatory body. This updated notice lets employees know their rights under the new law, including their right to 32 hours of unpaid time off immedietly upon hire, their right to use time off for a number of additional reasons including the care of a child, and their right to 20 hours of paid leave for prenatal personal care each year separate from other leave reasons. You can stay in compliance with our New York City Multi-Ordinance poster today!

New York City: Proposed Rule
Whiteford: New NYC Sick Leave Rules Employers Need Now
Ogletree Deakins: NYC Unveils Proposed Rules for Updated Earned Safe & Sick Time Act
JDSUPRA: New NYC Sick Leave Rules: What Employers Must Do Before February 22, 2026