February 24, 2026
New York City Issues Compliance Tools for New Leave Rights
As we previously reported, as of February 22, 2026, most employees in New York City are entitled to an additional 32 hours per year of unpaid protected time off and additional permissible reasons to use their protected time off.
These new rights are the result of amendments to the New York City Earned Safe and Sick Time Act (ESSTA), which NYC is now referring to as the Protected Time Off Law (the Law).
To help employers comply with the amended Law, the New York City Department of Consumer and Worker Protection (DCWP) has issued two new documents: (i) an updated Notice of Rights; and (ii) a self-audit tool for employers to monitor compliance.
Updated Notice of Rights
Employers must provide each employee with an updated Notice of Rights in English and their primary language. Employers also must keep records proving that their employees received the Notice. The updated Notice is available in multiple languages here: https://www.nyc.gov/site/dca/about/Paid-Safe-Sick-Leave-Notice-of-Employee-Rights.page
The updated Notice includes information about employees’ new right to 32 hours of unpaid protected leave. It also includes notice of employees’ right to paid prenatal leave.
As a reminder, employers must provide employees in New York City with 20 hours of paid prenatal leave within each 52-week period. Employers who have employees elsewhere in New York State have the same obligation. We previously reported here on New York State’s prenatal leave law, which went into effect January 1, 2025, and here on NYC’s prenatal leave law, which went into effect in July 2025.
Self-Audit Tool
The DCWP announced that it will investigate compliance with the Protected Time Off Law by comparing employers’ sick leave use rates with national data on sick leave use. If an employer has low rates of use of protected time off, the DCWP will conclude that the employer is violating the Law by either not providing leave time or preventing employees from using their leave time.
The DCWP encourages employers to monitor their own compliance with the Protected Time Off Law to avoid investigations and enforcement actions. To assist employers, the DCWP published a self-audit tool available here: Protected Time Off Employer Self Audit Tool.
Employers who violate the Law may be required to pay monetary compensation to their employees and civil penalties.
Employers are encouraged to reach out to Sheryl Galler at sgaller@booklawllp.com or Charlotte Pramer at cpramer@booklawllp.com with questions about their potential obligations under the amended New York City sick leave law, prenatal leave law, or other employment laws.
