What NYC Employees Need to Know About Sick Leave and Paid Time Off in 2026

If you work in New York City, your sick leave and paid time off rights are stronger than many employees realize:

• Most NYC employees are entitled to 40–56 hours of paid safe and sick leave, depending on employer size.
• Starting February 22, 2026, NYC employees also receive 32 additional hours of unpaid safe and sick leave each year.
• NYC workers are entitled to 20 hours of paid prenatal leave, separate from sick or PTO time.
• Employers may offer general PTO instead of separate sick leave only if it meets or exceeds all city and state requirements.
• It is illegal for an employer to retaliate against you for using legally protected sick or safe leave.

How Much Paid Sick Leave Do NYC Employees Get in 2026?

NYC employees are covered by both New York State and New York City sick leave laws, and employers must comply with whichever law is more generous.

New York State Paid Sick Leave (Applies to All NYC Workers)

Under New York State law, employees accrue sick leave at a minimum rate of one hour for every 30 hours worked.

Annual minimums depend on employer size:

• 100 or more employees: up to 56 hours of paid sick leave
• 5 to 99 employees: up to 40 hours of paid sick leave

1 to 4 employees:

• 40 hours unpaid if the employer’s net income is $1 million or less
• 40 hours paid if net income exceeds $1 million

You can use state sick leave for your own physical or mental health needs, preventive care, or to care for a family member.

What Is NYC’s Paid Safe and Sick Leave Law?

New York City’s Earned Safe and Sick Time Act (ESSTA) builds on the state law and provides additional protections for employees working in the city.

Under NYC law in 2026:

• Employers with 100+ employees must provide 56 hours of paid safe and sick leave
• Employers with 5 to 99 employees must provide 40 hours of paid safe and sick leave
• Small employers may provide unpaid leave, depending on size and income

“Safe leave” can be used for reasons related to domestic violence, stalking, human trafficking, or other safety-related situations, not just illness.

What Changed for NYC Sick Leave in 2026?

New Requirement: 32 Hours of Unpaid Safe and Sick Leave

One of the most important updates for 2026 is an amendment to NYC’s sick leave law that takes effect February 22, 2026.

As of that date, NYC employers must provide:

• 32 additional hours of unpaid safe and sick leave per year
• This leave must be frontloaded, meaning it is available immediately
• It applies to all covered employees, regardless of employer size

These hours are in addition to the paid sick or safe leave employees already receive.

Expanded Reasons for Using Leave

The 2026 amendments also expand the reasons employees may use safe or sick leave, including:

• Caregiving responsibilities beyond immediate illness
• Certain public health emergencies or disasters
• Housing-related or safety-related disruptions

This expansion reflects NYC’s shift toward broader employee protection rather than narrow medical leave rules.

Do NYC Employees Get Paid Prenatal Leave?

Yes. NYC now requires employers to provide 20 hours of paid prenatal leave per year.

This leave is:

• Separate from sick leave and PTO
• Available for pregnancy-related medical appointments, fertility treatments, and prenatal care
• Paid at the employee’s regular rate of pay

Employers must clearly disclose prenatal leave rights in written policies and pay records.

Can My Employer Require a Doctor’s Note in NYC?

Only in limited situations.

Under NYC law:

• Employers cannot require documentation for sick leave absences of three consecutive workdays or fewer
• For longer absences, your employer may request documentation but cannot require disclosure of a medical diagnosis

This rule applies even if your employer’s internal policy says otherwise.

Can I Be Punished for Using Sick Leave?

No. Retaliation is illegal.

If retaliation occurs, employees may file a complaint with the NYC Department of Consumer and Worker Protection or pursue legal action.

Final Thoughts

In 2026, NYC employees benefit from some of the strongest sick leave and paid time off protections in the country. Between New York State’s paid sick leave law, NYC’s expanded safe and sick leave requirements, additional unpaid leave hours, and paid prenatal leave, employees have clear rights, even when employer policies suggest otherwise.

If your employer is denying leave, misclassifying PTO, or retaliating against you for taking time off you are legally entitled to use, speaking with Borrelli & Associates, P.L.L.C. can help you understand your options and protect your rights. Call us to schedule a consultation.