February 4, 2026

NYC Workers Get Expanded Protected Time Off Starting February 22, 2026

by Zachary A. Westenhoefer

Starting February 22, 2026, New York City employees will have expanded rights to take time off for certain medical, safety, family, and public-disaster related reasons, without retaliation. These changes come from amendments to the New York City Earned Safe and Sick Time Act ("ESSTA").

This article explains what changed, what it means in real life, what the City is proposing in new enforcement rules, and what you can do if your employer denies leave or punishes you for using it.

What ESSTA Means for Employees

ESSTA is a New York City law that requires employers to provide safe and sick leave. Depending on employer size and other factors, some or all of that leave must be paid. The core leave entitlement rules live in the NYC Administrative Code.

Beginning February 22, 2026, the law expands in two big ways: (1) it adds new qualifying reasons for leave, and (2) it adds a new bank of unpaid time that is still job-protected.

New Reasons You Can Use ESSTA Leave

As of February 22, 2026, "protected time off" can include additional real-world situations that employers sometimes used to deny or treat as unexcused. DCWP's proposed rules use the term "protected time off" as the preferred label, and define it to mean the same thing as ESSTA "safe/sick time."

Examples include time off needed because:

Your workplace is closed by order of a public official due to a public disaster, such as severe weather or other emergencies.
Your child's school or childcare provider is closed or restricts in-person operations due to a public disaster or public health emergency.
A public official directs people to remain indoors or avoid travel during a public disaster, and you cannot reasonably get to work.
You, or a covered family member, are a victim of workplace violence, meaning an act or threat of violence at a place of employment.
You are acting as a caregiver for a minor child or a "care recipient," such as a person with a disability who relies on you for medical care or daily living needs.
You need time to initiate, attend, or prepare for legal proceedings related to subsistence benefits or housing, or to apply for, maintain, or restore those benefits or shelter for yourself or certain covered people.

The New 32 Hours of Unpaid Leave, Why It Still Matters

Beginning February 22, 2026, NYC employers must provide an additional 32 hours of unpaid protected time off each calendar year, immediately available on your first day of employment and the first day of each new calendar year.

"Unpaid" sounds like a downgrade, but for many employees it is the opposite. The key benefit is job protection. Even if you have used up your paid sick time, you may still have protected time off that your employer cannot lawfully treat as misconduct, if the reason qualifies.

DCWP's proposed rules also clarify an important practical point: when an employee has both paid and unpaid protected time off available, the employer must generally apply paid time first unless the employee asks to draw from the unpaid bank instead.

Also, an employer may satisfy the 32-hour "unpaid" obligation by providing an equivalent amount of paid protected time off, but only if at least 32 hours are immediately available on day one and at the start of each calendar year.

Paid Prenatal Leave Is Separate, and It Is Enforceable

NYC workers are also entitled to a separate bank of paid prenatal leave, up to 20 hours per 52-week period, in addition to ESSTA safe and sick leave. DCWP's proposed rules explain that Local Law 145 codified the paid prenatal leave requirement into the NYC Administrative Code and added specific relief and civil penalties for violations.

Paid prenatal leave can cover pregnancy-related healthcare, including fertility treatment and end-of-pregnancy care. If your employer tries to force you to use ordinary sick time for prenatal appointments, denies pay, or discourages you from using prenatal leave, that is a red flag worth taking seriously.

What the City's Proposed Rules Mean for Employees

DCWP has published proposed rules to implement the February 22, 2026 ESSTA changes. The rules are currently in "proposed" status, and DCWP is accepting public comment through March 2, 2026, with a public hearing scheduled for March 2, 2026 at 11:00 AM (EST).

Even though rulemaking sounds bureaucratic, the details matter because they affect what your employer must show you, track, and document. Here are employee-facing takeaways from the proposed rules:

Pay statements should become more informative. The proposed rules require pay statements (or equivalent documentation) to show protected time off accrued and used during the pay period, and to differentiate between paid and unpaid protected time off. They must also show balances for both paid protected time off and the unpaid hours available.
Your employer's written policy should explicitly describe the new unpaid bank. DCWP's proposed rules require employer policies to state the amount of unpaid protected time off (at least 32 hours) and that it is immediately available on day one and at the start of each calendar year.
Notice and documentation rules still have limits. The proposed rules reaffirm that employers generally cannot demand documentation for absences of three or fewer consecutive work days.

Practical tip: if your paystub, HR portal, or written policy is silent about paid versus unpaid protected time off, or shows a single combined bucket that does not match what the rules require, that is worth flagging early.

What About Temporary Schedule Changes?

NYC also has a Temporary Schedule Change framework. The 2026 amendments reduce the mandatory "must grant" component for certain events by folding some topics into ESSTA leave coverage, while still preserving employees' ability to request changes and protections against retaliation for making those requests. The details matter, and this is an area where employers sometimes overstate their discretion and employees sometimes overstate their rights, so it is worth getting specific advice if a schedule dispute becomes punitive.

If Your Employer Violates These Rights, What Remedies Do You Have?

This is the part most employees never get told. ESSTA is not "guidance," it is enforceable law with defined remedies and penalties.

Under NYC Administrative Code § 20-924, available relief can include:

Triple damages for unpaid leave. If you took protected time off but your employer unlawfully did not pay you, relief can include three times the wages that should have been paid, or $250.00, whichever is greater.
Set amounts for unlawful denial. If your employer unlawfully denies a request for covered leave, relief can include $500.00 (and other relief may apply depending on what happened next).
Retaliation damages. If your employer retaliates, remedies can include full compensation for lost wages and benefits, $500.00, and equitable relief as appropriate (for retaliation that does not include discharge).
Wrongful termination remedies. If you are unlawfully discharged, remedies can include full compensation for lost wages and benefits, $2,500.00, and equitable relief including reinstatement, as appropriate.
Policy or practice violations can trigger per-employee relief. The statute also includes relief where an employer has a policy or practice of refusing to provide or allow use of accrued time.

Retaliation does not require firing. It can include cutting hours, disciplinary write-ups, undesirable schedule changes, suddenly "discovering" performance issues right after you request leave, or creating hostility meant to punish or deter you for using protected time.

NYC law also permits a private lawsuit for ESSTA violations. This private right of action took effect in 2024 and is one reason employers take these disputes more seriously once counsel gets involved.

Why Hiring an Attorney Often Changes the Outcome

Employees can file complaints with the NYC Department of Consumer and Worker Protection. But many disputes turn on documentation, timing, payroll records, and how an employer frames its explanation after the fact.

Employers often respond by re-labeling the reason for leave, claiming the employee "didn't follow policy," or asserting discipline was unrelated. An attorney can identify which facts actually matter under ESSTA, preserve evidence before it disappears, and push back in a way that forces the employer to deal with the statute's remedies, not just its own handbook.

If you were denied time off for a covered reason, not paid when you should have been, or disciplined after using protected time, it is worth speaking with counsel early. Waiting tends to help the employer, not you.

Frequently Asked Questions About 2026 ESSTA Amendments in New York

When do these changes take effect?

The ESSTA amendments discussed here take effect on February 22, 2026.

What does 'protected time off' mean?

It is DCWP's term in proposed rules for the time off protected by ESSTA. It includes both paid and unpaid time off from work that can be used for ESSTA-authorized reasons.

If the new 32 hours are unpaid, why should I care?

Because it can still protect your job. The law requires employers to provide at least 32 hours that are immediately available on day one and at the start of each calendar year.

Will my paystub show this time separately?

Under DCWP's proposed rules, pay statements (or equivalent documentation) must differentiate between paid and unpaid protected time off accrued and used, and must show balances for both.

Can my employer demand a doctor's note every time I call out?

Generally, no. Under the proposed rules, an employer cannot require documentation for protected time off (or paid prenatal leave) that lasts three or fewer consecutive work days.

What if my employer denied my request, and I did not take the leave because I was afraid?

Unlawful denial itself can trigger statutory relief, including a $500.00 amount for certain unlawful denials.

Do I have to rely only on DCWP, or can I sue?

You may have options. NYC law permits a private right of action for ESSTA violations, and it is not necessarily dependent on filing an administrative complaint first.

Are the new DCWP rules final yet?

Not yet. The rules are proposed, and DCWP is accepting comments through March 2, 2026, with a public hearing on March 2, 2026 at 11:00 AM (EST).