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The New York City Earned Safe and Sick Time Act: What Workers Should Know

If you work in New York City, you likely earn paid time off you can use when you are sick, when you need to care for a family member, or when you need to handle safety matters connected to domestic violence, stalking, or human trafficking. The Earned Safe and Sick Time Act gives most employees this right, and many do not realize they have it.

Who is covered

The law covers most employees who work in New York City, including part time and many domestic workers. The amount of paid leave depends on employer size, but coverage is broad and does not require long tenure to begin accruing.

How leave accrues

Employees generally accrue one hour of leave for every 30 hours worked, up to an annual cap set by the law. Employers with more employees must provide more paid leave than smaller ones. Accrued leave that you do not use can often carry over, subject to the annual use limit.

What you can use it for

Your own illness, injury, or health condition, including preventive care
Care for a family member who is ill or needs medical attention
A public health closure of your workplace or your child's school
Safety needs related to domestic violence, sexual assault, stalking, or trafficking

Your protections

Your employer cannot retaliate against you for requesting or using this leave. It cannot require you to find a replacement worker as a condition of taking time, and it cannot demand excessive documentation for short absences. Penalizing you for using earned leave is unlawful.

If your employer denies leave

Keep your schedules, pay stubs, and any leave requests and denials. If your employer refuses earned leave or punishes you for using it, you may be entitled to back pay and other remedies. An attorney can help you enforce the right.

At John J. Zidziunas & Associates, LLC, our employment attorneys represent workers across New Jersey and the New York City area, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County. If you believe your rights at work have been violated, call us at (973) 509-8500 or contact us to set up a free consultation. We represent employees on a contingency fee basis.

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