The New York City Department of Consumer and Worker Protection (DCWP) has published a new "Notice of Employee Rights: Protected Time Off" which describes New York City employees' rights to sick and safe time and paid prenatal leave under therecently amended NYC Earned Sick and Safe Time Act (ESSTA). We discussed the ESSTA amendments that are due to take effect February 22, 2026 here. New York City employers are required to provide NYC employees with this new notice within 30 days of the amendments taking effect (i.e., by March 24, 2026).
Employers must also update and redistribute their sick/safe leave policies, post the new City notice in a conspicuous area in the workplace, and provide the notice to all new hires. Employees must provide the notice in English and, if available on the DCWP website (here), an employee's primary language. With respect to posting the notice at the worksite, employers must post the notice in English and in any language spoken as a primary language by at least 5% of employees at the workplace (again, if translations are available on the DCWP website).
Th updated notice also reflects a recent shift by the DCWP to refer to the ESSTA as the "Protected Time Off Law" and sick and safe time under the ESSTA as "Protected Time Off," terms that the DCWP has also adopted in its proposed rules to amend the ESSTA.
Mintz's Employment Practice is available to assist New York City employers with any questions related to these new developments.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
