New York State has paid leave benefits that protect employees. Workers make contributions to this critical program through payroll withholdings. When they experience qualifying circumstances, they may have the option of taking up to 12 weeks of paid leave from their jobs.
Paid leave can provide up to two-thirds (67%) of a worker’s typical weekly wages, although there is a maximum benefit amount based on average state wages. Eligibility for paid leave exists on a rolling basis. Workers can request leave again once 12 months have passed since the first date of their prior leave.
New York City has actually adopted provisions expanding on the state’s program that take effect in 2026. What is changing?
Access to unpaid leave
New York City’s Earned Safe and Sick Time Act allows direct-hire employees to take paid leave in qualifying circumstances. Beginning on February 22nd, 2026, employees may also be eligible for up to 32 hours of unpaid leave. The unpaid leave available is the same regardless of the size of the employer, which differs from paid leave rules in New York City. Paid leave amounts under NYC rules depend in part on the size of the company and range from 40 to 56 hours.
New covered reasons for leave
The law allows for leave when individuals face medical challenges or have children. The law now also allows for safe leave or safe time in special circumstances. If there are public disasters, such as severe weather or large-scale fires, workers can request safe time leave to address the emergency scenario or avoid traveling. People are also eligible for leave in cases where the employee or their family member experienced workplace violence or harassment.
The law now also allows people to request leave to care for a minor child or dependent family member who cannot meet their own care needs. Workers addressing housing matters, such as legal hearings related to eviction or foreclosure, may be eligible for leave. Additionally, those applying for critical state benefits may also now be eligible for leave if they must attend to those issues during business hours.
Employees attempting to make use of these critical and expanding legal protections may need help communicating with their employers and understanding their rights. They may also need support if they face retaliation or denied leave requests. Consulting with an employment law attorney can help qualifying professionals make use of the paid and unpaid leave authorized under state and local laws.