NYC and New Jersey Leave Laws Have Changed: What Employers Should Know

New York City has issued new rules surrounding protected time off, while New Jersey has significantly expanded its Family Leave Act and job protections for employees receiving certain state benefits.

Here’s a quick overview of what changed.

New York City: New Protected Time Off Rules

Effective July 23, 2026, New York City issued new rules implementing and clarifying amendments to its Earned Safe and Sick Time Act.

One of the biggest changes is the addition of 32 hours of immediately available unpaid protected time off each year.

For 2026, employers were required to make those hours available as of February 22, 2026, or on an employee’s first day of employment.

A few important details:

- The full 32 hours apply to part-time employees and mid-year hires and are not prorated.

- Remote employees who occasionally work in NYC may also be entitled to the 32 hours.

- Employers generally should apply available paid time off before unpaid time unless the employee requests otherwise.

- Unused immediately available hours do not need to carry over to the following year.

- Pay statements must show accrued, used, and available paid protected time off, unpaid protected time off, and prenatal leave.

NYC has also updated its Notice of Employee Rights, and employers must provide employees with a written policy addressing protected time off and prenatal leave.

The new rules include additional requirements surrounding employee records after termination and reinstatement of unused leave when eligible employees are rehired within the same calendar year.

New Jersey: Expanded Family Leave and Job Protections

New Jersey employers also have new requirements to be aware of.

Effective July 17, 2026, the New Jersey Family Leave Act applies to employers with 15 or more employees, down from the previous threshold of 30 employees.

Employee eligibility has expanded as well. Employees can now become eligible after:

- 3 months of employment, and

- 250 hours worked during the preceding 12 months.

Previously, employees generally needed 12 months of employment and 1,000 hours worked during the preceding 12 months.

New Jersey also expanded job protections for employees receiving Temporary Disability Insurance (TDI) or Family Leave Insurance (FLI) benefits.

Employees receiving these benefits now have the right to return to their job after their family or medical leave ends, even if they would not otherwise qualify for job protection under the New Jersey Family Leave Act or the federal Family and Medical Leave Act.

What Should Employers Do?

With both sets of changes now in effect, employers should review their current leave policies and procedures to make sure they reflect the latest requirements.

For NYC employers, that includes reviewing protected time off policies, employee notices, pay-statement reporting, and procedures for handling leave requests.

New Jersey employers should review whether they are now covered by the expanded Family Leave Act and whether employees who previously fell outside its eligibility requirements may now qualify for protected leave.

Staying ahead of changes like these can help employers avoid surprises and keep their payroll and HR processes aligned with current requirements.

Have questions about how these changes may affect your payroll or workforce? Reach out to Brand’s Payroll to learn more.