An Overview of New York City’s Protected Time Off Rule (New Regulation)

On July 23rd, 2026, New York’s new “protected time off” rule officially went into effect. The regulation amends the Earned Safe and Sick Time Act (ESSTA) to expand the reasons that covered employees can use to take time off and to provide a bank of 32 hours of leave time that is immediately accessible to new employees. Here, our New York City employment law attorney highlights the key things to know about the new protected time rule.

The Final Rule Clarifies an Expansion That is Already in Effect

It is important to emphasize that the underlying ESSTA amendments became effective on February 22nd, 2026. However, the July 23rd, 2026 regulation supplies additional rules governing how employers must administer those expanded rights. The law generally covers employees who perform work within New York City, including many part-time, temporary, per diem, and domestic workers. The regulation does not replace the preexisting right to accrue protected leave. Instead, it explains how the new immediately available leave bank and expanded qualifying purposes interact with the broader ESSTA.

Employees Receive 32 Immediately Available Hours

Covered employees must receive 32 hours of immediately available protected time off on their first day of employment and at the beginning of each employer-defined calendar year. The bank cannot be prorated merely because an employee starts working midway through the year. Although the statute describes these hours as unpaid, the final rule permits employers to provide some or all of them as paid leave.

The rule applies to private businesses, nonprofit organizations, and household employers that employ workers in New York City. There is no small-employer exemption from the new 32-hour requirement: employers of every size must provide covered employees with 32 hours of immediately available unpaid protected time off. Employer size affects the employee’s additional accrued leave entitlement.

Note: Employers with five to 99 employees must provide up to 40 hours of paid leave. Employers with 100 or more employees must provide up to 56 paid hours. Employers located outside New York City are also covered with respect to employees who perform work within the city.

The Law Covers More Than Illness and Medical Care

Employees may now use protected time for several additional purposes. Covered reasons include caring for a child during a school holiday, daycare closure, or babysitter cancellation; caring for a family or household member with a temporary or permanent disability; attending or preparing for housing or public-benefits proceedings; responding to a government-declared public disaster; and addressing workplace violence.

Note: An employer in New York City generally may demand third-party documentation only after more than three consecutive workdays of leave.

Call Our New York City Employment Law Attorney Today

At Poulos LoPiccolo PC, our New York City employment lawyer has the knowledge, skills, and professional experience that you can rely on. If you have any questions about the new protected time rule, please do not hesitate to contact us today to set up a completely confidential initial consultation. We handle employment law matters throughout New York City.