Workplace Laws

Information for Employers on Paid Safe and Sick Leave

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Information for Employers on Paid Safe and Sick Leave

Overview of NYC’s Paid Safe and Sick Leave Law

Under NYC’s Paid Safe and Sick Leave Law, covered employees have the right to use safe and sick leave for the care and treatment of themselves or a family member and to seek legal and social services assistance or take other safety measures if the employee or a family member may be the victim of any act or threat of domestic violence or unwanted sexual contact, stalking, or human trafficking. Employer responsibilities include:

  • Employers with 100 or more employees must provide up to 56 hours of paid safe and sick leave each calendar year.
  • Employers with 5 to 99 employees must provide up to 40 hours of paid safe and sick leave each calendar year.
  • Employers with four or fewer employees and a net income of $1 million or more must provide up to 40 hours of paid safe and sick leave each calendar year.
  • Employers with four or fewer employees and a net income of less than $1 million must provide up to 40 hours of unpaid safe and sick leave each calendar year.
  • Employers with 1 or more domestic workers must provide up to 40 hours of paid safe and sick leave each calendar year; employers with 100 or more domestic workers must provide up to 56 hours of paid safe and sick leave each calendar year.
  • Regardless of employer size or net income, all employers must provide a separate bank of 20 hours of paid prenatal leave per 52-week period in addition to up to 40 or 56 hours of accrued safe and sick leave each calendar year.
  • Employers must allow employees to use safe and sick leave as it is accrued, with no waiting period for new hires.
  • Employees can use leave for unexpected reasons without giving advance notice.
  • Employers must provide employees with a written safe and sick leave and paid prenatal leave policy that describes the benefits and how to use them.
  • Employers can require documentation only when employees use more than three workdays in a row of leave, if the documentation requirement is explained in the employer’s written policy.
  • Employers must inform employees of their accrued, used, and total safe and sick leave balances on a paystub or through an employee-accessible electronic system. Paid prenatal leave use and balance information may be provided in separate documentation.

Right to Paid Prenatal Leave 

Effective January 1, 2025, covered employers must provide 20 hours of paid prenatal leave. Paid prenatal leave is paid time off work that covered employees can use for healthcare during their pregnancy or related to their pregnancy, including fertility treatment and end of pregnancy care.

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Important Information for Employers

Employers, including a nonprofit or small business, must provide safe and sick leave and paid prenatal leave for their employees.

Employers must distribute the Notice of Employee Rights (05/2025) to their employees.

Read Paid Safe and Sick Leave: Frequently Asked Questions (05/2025)



Employer Tools

Model Form - Employee Confirmation of Use of Safe and Sick Leave or Paid Prenatal Leave
Under New York City's Earned Safe and Sick Time Act (Paid Safe and Sick Leave Law), employers are permitted to ask employees to confirm that an instance of safe and sick leave or paid prenatal leave of any length was used for an authorized purpose under the law. Download the model form.

Model Form - Employee Notification of Use of Safe and Sick Leave or Paid Prenatal Leave
Employers can require employees to sign a form if they want to use safe and sick leave for a foreseeable need or paid prenatal leave. Download the model form.

Model Form - Employee Request to Make up Missed Work as Alternative to Using Safe and Sick Leave or Paid Prenatal Leave
Making up missed hours or swapping shifts cannot be required and is only allowed if both the employer and employee consent. Employers can require employees to sign a form if they want to work additional hours instead of using their safe and sick leave or paid prenatal leave. Download the model form.



Law and Rules

New York City Administrative Code > Title 20: Consumer and Worker Protection > Chapter 8: Earned Safe and Sick Time Act

Rules of the City of New York > Title 6: Department of Consumer and Worker Protection > Chapter 7: Office of Labor Policy and Standards > Subchapter B: Earned Safe and Sick Time

Retaliation and Interference are Against the Law
You are prohibited from interfering with investigations or retaliating against employees who exercise their rights under the Paid Safe and Sick Leave Law. DCWP takes allegations of retaliation very seriously. If we determine that you retaliated against an employee, you may be responsible not only for lost wages and benefits to the employee and fines to DCWP, but also may be required to take certain actions, including the rehire of an employee who has been unlawfully terminated.



Questions?

Have questions about NYC's Paid Safe and Sick Leave Law? Contact DCWP in one of the following ways: