February 25, 2026
Sick and Safe Leave: Changes Ahead
For the past several years, New York State (NYS), New York City (NYC), and New Jersey (NJ) have required employers to provide job-protected sick/safe leave to their employees.
Last year, NYS added a new paid prenatal leave requirement last year, and NYC followed.
Now, NYC is further expanding its leave law to add 32 hours of unpaid leave available immediately.
Here is a brief recap of the sick/safe leave laws:
Accruing or Front-Loading Leave
Under NYS, NYC, and NJ law, employees are eligible to earn one hour of sick/safe leave for every 30 hours worked. Full-time, part-time, temporary, and seasonal employees are eligible to earn sick/safe leave at the same rate.
Employers have the option of front-loading leave, which means they can choose to provide employees at the start of the year with the sick/safe leave the employees would have accrued over the year.
Minimum Requirements
In NYS and NYC, employers with 5 to 99 employees must provide up to 40 hours of paid sick/safe leave each calendar year, and employers with 100 or more employees must provide up to 56 hours of paid sick/safe leave each calendar year.
As of February 22, 2026, employees in NYC are entitled to 32 hours of unpaid sick and safe leave, which must be made immediately available for use as of February 22, 2026, and as of the start of each new calendar year. The 32 hours are in addition to the 40 or 56 hours described above.
In NJ, employers must provide up to 40 hours of paid sick/safe leave each calendar year.
In NYS, NYC and NJ, employers may provide more sick/safe leave than required by law.
Use of Sick/Safe Leave
Employees in NYS may use safe/sick leave to prevent, diagnose, care, and treat their own medical condition or a family member’s medical condition, or to seek legal and social services assistance, or take safety measures if the employee or a family member is a victim of domestic or sexual violence. NJ employees may use sick/safe leave for the same reasons, and in the event of a public health emergency, or to attend a school-related conference regarding their child.
In NYC, as of February 22, 2026 employees also may use sick/safe leave to (i) care for a child or a family/household member with a disability, (ii) attend or prepare for legal proceedings related to benefits or housing, (iii) stay home during public emergencies declared by government officials (including a snowstorm or hurricane), or (iv) address needs arising from workplace violence.
Carryover and Payout
Employers may be required to carry over or pay out accrued and unused sick/safe leave at the end of a calendar year. Employers with a written policy and notice are not required to pay out accrued and unused sick/safe leave at the end of employment.
Notice and Documentation
Employers in NYS, NYC, and NJ must provide their employees with notice of their rights under the sick/safe leave laws and track employees’ accrued and used leave time.
Employers can require their employees to provide advance notice of foreseeable sick/safe leave, but can require documentation from a medical provider or social worker only if the employee has been on leave for multiple days (depending on the applicable law).
Retaliation
Employers in NYS, NYC, and NJ may not retaliate against employees who sought or took sick/safe leave. Employers with questions about state and local leave laws are encouraged to reach out to Sheryl Galler at sgaller@booklawllp.com and Charlotte Pramer at cpramer@booklawllp.com.
