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Information for Workers on Paid Safe and Sick Leave

Settlement With Chipotle Mexican Grill

DCWP reached a settlement with Chipotle. Under the agreement, if you worked for Chipotle in an hourly position in New York City, you may be eligible to receive $50 for each week worked from November 26, 2017 to April 30, 2022. Learn more.

*Important Updates Due to COVID-19*

  • If you, your child, or a close family member test positive for COVID-19, you may be eligible for paid leave under New York State labor laws. Contact the New York State Department of Labor (NYS DOL) to learn more.
  • You may be eligible for a separate bank of paid leave to get vaccinated against COVID-19, including booster shots, under New York State labor laws. Contact NYS DOL to learn more.

These rights under New York State law are in addition to your rights under NYC’s Paid Safe and Sick Leave Law. If you are eligible for leave under State law, consider using NYS leave before using your accrued sick leave under City law. Note: Your employer cannot require you to use your accrued NYC sick leave first. Employers cannot mistreat or punish workers for using or asking for sick leave. If you have questions about NYC’s Paid Safe and Sick Leave Law, contact the NYC Department of Consumer and Worker Protection. Call 311 and say “Paid Safe and Sick Leave” or e-mail OLPS@dcwp.nyc.gov

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 leave each calendar year.
  • Employers with 5 to 99 employees must provide up to 40 hours of paid 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 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 leave each calendar year.
  • Employers with 1 or more domestic workers must provide up to 40 hours of paid leave each calendar year; employers with 100 or more domestic workers must provide up to 56 hours of paid 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 safe and sick leave for unexpected reasons without giving advance notice.
  • Employers must provide employees with a written safe and sick leave policy that describes the benefit and how to use it.
  • Employers can require documentation only when employees use more than three workdays in a row of safe and sick leave, if the documentation requirement is explained in the employer’s written policy.
  • Employers must inform employees of their accrued, used, and total leave balances on a paystub or through an employee-accessible electronic system.

Important Information for Employees

Read What Employees Need to Know.

Read FAQs on NYC's Paid Safe and Sick Leave Law.

If you are a covered employee, your employer must give you written Notice of your right to safe and sick leave. You have a right to the Notice in English and in your primary language if a translation is available on the DCWP website nyc.gov/workers. Keep a copy of the Notice you are given. Your employer must also post the Notice in the workplace in an area that is visible and accessible to employees. Visit Paid Safe and Sick Leave: Notice of Employee Rights webpage.

Domestic Workers: Learn how the NYC's Paid Safe and Sick Leave Law affects you.

Complaints?

Employees, including domestic workers can submit a safe and sick leave complaint. File a workplace complaint.

Laws 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

Questions?

Contact DCWP in one of the following ways:

Are You An Employer?

If you are a private or nonprofit employer in NYC or if you employ domestic workers in NYC, you must provide safe and sick leave. Know your responsibilities.