New York City’s Protected Time Off Law
Under New York City’s Protected Time Off Law (formerly the Earned Safe and Sick Time Act), employees may use leave for the following:
- An employee’s mental or physical illness, injury, or health condition.
- Care of a family member who needs medical diagnosis, care, or treatment, or who needs preventive medical care.
- Closure of the employee’s place of business or a child’s school/childcare provider by order of a public official due to a public health emergency or public disaster.
- Direction by a public official to remain indoors or avoid travel during a public disaster.
- When the employee or a family member has been the victim of domestic violence, a family offense matter, sexual offense, stalking, workplace violence, or human trafficking.
- When the employee is a caregiver for a child or care recipient (e.g., a person with a disability or a senior family member).
- To initiate, attend, or prepare for a legal proceeding or hearing related to subsistence benefits or housing.
Accrual and Eligibility
The amount of time off employees are eligible to accrue is determined as follows:
- Employers with 4 or fewer employees (Net income < $1M): Must provide at least 40 hours of unpaid safe and sick time per calendar year.
- Employers with 5–99 employees (OR 4 or fewer with Net income > $1M): Must provide at least 40 hours of paid safe and sick time, plus 32 hours of unpaid protected time off per calendar year.
- Employers with 100+ employees: Must provide at least 56 hours of paid safe and sick time, plus 32 hours of unpaid protected time off per calendar year.
New York City’s Paid Prenatal Leave
All private-sector employers in New York City must provide up to 20 hours of paid prenatal leave in a 52-week period, regardless of company size. This is in addition to standard sick leave. It may be used for health care during or related to pregnancy, including:
- Physical examinations and medical procedures.
- Monitoring and testing.
- Discussions with a health care provider.
- End-of-pregnancy care and fertility treatments.
- An employer cannot ask an employee to specify the type of care received.
Posting Requirements
The New York City Protected Time Off Poster must be provided to employees in writing upon hire or when their rights change. Employers must also display the notice in a visible and accessible area of the workplace (NYC Administrative Code, § 20-919).
Additional Requirements:
Each pay period, employers must provide written documentation (such as a pay stub) showing:
- The amount of safe/sick and prenatal time accrued and used during that period.
- The employee’s total balance of accrued safe/sick and prenatal time.
