What Leave are NYC Employees Entitled to in 2026?

Staying compliant means understanding these changes and how they impact employees and employers.

What Is NYC Safe and Sick Leave?

Employers must provide 40–56 hours of safe or sick leave per year, depending on size and income. Beginning July 2, 2025, employers must also offer 20 hours of paid prenatal leave, and starting February 22, 2026, an additional 32 hours of unpaid leave for new qualifying events. These new leave types are in addition to existing leave and must be available at the start of employment.

Who Is Covered?

Employers: All private NYC employers.

Employees: Nearly all employees working in NYC, except certain government workers, student employees, and some licensed professionals. Leave accrues only for hours worked in NYC.

Leave Requirements by Employer Size

- 0–4 employees (<$1M income): up to 40 hours, may be unpaid

- 0–4 employees ($1M+): 40 hours paid

- 5–99 employees: 40 hours paid

- 100+ employees: 56 hours paid

In addition:

- 20 hours paid prenatal leave (non-carryover)

- 32 hours unpaid leave (2026), refreshed annually and available immediately

How Leave Accrues and is Used

Employees accrue 1 hour per 30 hours worked, up to the employer-specific maximum. Leave begins at the start of employment and can usually be used as it accrues.

Prenatal leave and the 32-hour unpaid leave are available immediately and do not require accrual. Unused standard leave may carry over; these new leave banks do not.

What Qualifies as Leave?

Sick leave covers personal or family mental or physical illness or injury. Safe leave applies if the employee or family member is a victim of domestic violence, stalking, sexual offenses, or human trafficking.

Paid prenatal leave (starting July 2025) allows pregnant employees to take time off for medical care, including checkups, procedures, monitoring, testing, and consultations.

Starting February 22, 2026, unpaid leave may also cover: caring for a minor or dependent, attending legal proceedings, responding to public or workplace disasters, and accessing services related to workplace violence.

Notices, Documentation, and Recordkeeping Requirements

Employers must provide written notice of rights at hiring, post it in the workplace, and maintain a written leave policy. Leave balances must be shared each pay period, and records retained for at least three years.

Employers may require seven days’ notice for foreseeable leave, notice as soon as practicable for unforeseeable leave, and documentation for absences over three consecutive days (with reimbursement for any associated costs).

Why Compliance Matters

With updates taking effect in 2025 and 2026, employers must track multiple leave types, maintain proper records, and follow both city and state rules. Proper compliance reduces risk, avoids penalties, and supports employees during critical life events.

How Brand’s Payroll Can Help

Brand’s Payroll helps employers manage leave compliance at the intersection of payroll, employee data, and HR workflows. We simplify tracking, recordkeeping, and policy management, so businesses can stay compliant with confidence.

Manage leave, benefits, and records effortlessly. Learn more today.