NYC Proposes New Rules for Sick and Safe Time Act
New York City has proposed new rules to implement recent amendments to its Earned Safe and Sick Time Act. The proposals clarify employer responsibilities and employee rights concerning paid leave eligibility, accrual, and usage. These rules will affect both local businesses and remote workers operating from the city.
- The amendments to the Act, effective February 22, 2026, introduce a requirement for employers to provide 32 hours of *unpaid* safe and sick time annually, in addition to the existing paid leave. This unpaid time must be available to employees immediately upon hiring and does not carry over to the next year. - The scope of permissible reasons for taking leave has been broadened to include caring for a child whose school is closed due to a public disaster, addressing needs when the employee or a family member is a victim of workplace violence, and attending legal proceedings related to housing or subsistence benefits. - The updated rules codify a separate bank of 20 hours of paid prenatal leave, which is in addition to the regular sick and safe leave an employee is entitled to. - The amendments effectively absorb the Temporary Schedule Change Act (TSCA), meaning employees will now use their protected leave for what was previously considered a "personal event" requiring a schedule change. While employees can still request schedule changes, employers are no longer required to grant a set number of them per year. - New York City's Department of Consumer and Worker Protection (DCWP) released the proposed rules on January 22, 2026, to clarify implementation of amendments that were adopted in October 2025. A public hearing on these proposals is scheduled for March 2, 2026. - Employers will face new recordkeeping and notification requirements, including detailing the accrual, use, and balances of both paid and unpaid leave on employee pay statements. - The term "safe/sick time" is being updated to "protected time off" in the official rules, although employers may continue using the former term in their internal policies. - The law applies to employees who telecommute or work remotely from New York City, with leave accruing for the hours worked within the city, regardless of where the employer is based. Regulations updated in October 2023 clarify that an employee is covered if they regularly perform work in the city.
