New York City employers should take note of an important expansion to the existing paid sick leave law. Effective February 22, 2026, covered employers must provide an additional 32 hours of unpaid safe and sick time to eligible employees. This new leave is available immediately upon hire and again on the first day of each calendar year thereafter.
This requirement applies to full-time and part-time W-2 employees. It does not apply to independent contractors or individuals who are not paid as employees.
What Is Changing?
New York City employers are already required to provide up to a minimum of 40 hours of sick leave annually and depending on the number of employees and gross revenue, it is either paid or unpaid. Under the new law, employers must now provide an additional 32 hours of unpaid safe and sick time, on top of the mandatory 40 hours already in existence. These additional hours may be used in 4-hour increments but not less.
This new leave is designed to address specific situations not fully covered under the existing paid sick leave law, as outlined below.
Public Health or Disaster Closures
Employees may use this leave when a public disaster is declared by the President of the United States, the Governor of New York, or the Mayor of New York City, resulting in:
- Closure of the employee’s place of business
- Closure or restricted operations of a child’s school or childcare provider
Workplace Violence-Related Needs
Employees may use this time to meet with or receive services from legal or social service providers and to take protective actions if they or a family member are victims of workplace violence.
Legal Proceedings and Benefit-Related Matters
The leave may also be used to initiate, attend, or prepare for legal proceedings or hearings. Additionally, employees may use the time to take necessary actions related to applying for, maintaining, or reinstating subsistence benefits or housing for themselves, a family member, or a care recipient.
Caregiver Responsibilities
The law expands eligibility for caregivers, defined as individuals who provide direct and ongoing care to a minor child or care recipient. These employees may use safe and sick time specifically for caregiving purposes.
Employer Compliance Requirements
New York City employers should take proactive steps to ensure compliance before the February 22, 2026, effective date. This may include:
- Updating employee handbooks and leave policies
- Issuing internal communications or memoranda to inform employees of their expanded rights
- Reviewing payroll and tracking systems to ensure proper administration of both paid and unpaid leave
Failure to properly update policies or notify employees could result in compliance issues.
Final Thoughts
Employment laws continue to evolve, and employers must remain vigilant in reviewing and updating internal policies to reflect these changes. Proper preparation now will help avoid disruption and ensure compliance when the law takes effect.