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February 23, 2026

Stronger Protected Time Off for NYC Workers

Home » News » Stronger Protected Time Off for NYC Workers

Megan K. Mechak
Mon., February 23, 2026

New York City’s Local Law 145, which amends the City’s Earned Safe and Sick Time Act, went into effect on February 22, 2026, and brings important new protections to workers—especially the workers who keep the city running rain or shine. Whether you’re hauling materials, fixing infrastructure, delivering goods, or keeping buildings safe and clean, these changes are designed to make sure you don’t have to choose between your paycheck and your well‑being.

What Is Local Law 145?

Local Law 145 of 2025 expands New York City’s Earned Safe and Sick Time Act, now known as the Protected Time Off Law. The DCWP enforces this law and provides updated guidance and FAQs for workers across the city. According to DCWP, the PTO Law requires employers to provide both protected time off and paid prenatal leave to eligible employees.

Local Law 145 strengthens these rights by adding new qualifying reasons for leave and by expanding the amount of leave available immediately when you start a job. These amendments were formally incorporated into proposed DCWP rules addressing the PTO Law. Comments on the proposed rules are due on March 2.

Key Changes That Affect Workers

1. New Reasons You Can Use Safe or Sick Time

Local Law 145 significantly expands the situations where workers can take protected time off. Under the amendments described by DCWP, you may now take leave for:

  • Caring for a child, including on school holidays and during child care disruptions
  • Caring for a family or household member with a disability
  • Attending legal proceedings related to benefits or housing
  • Staying home during public emergencies
  • Responding to workplace violence

According to DCWP, these expanded categories reflect the reality that life has emergencies that go well beyond illness. Under the ESSTA, protected time off was already available for:

  • Medical care or to recover from an illness or injury
  • Caring for a sick family member
  • Needs related to domestic violence and certain other crimes

2. 32 Hours of Unpaid Safe/Sick Time Available Immediately

One of the biggest wins for workers is the new bank of 32 hours of unpaid safe/sick time that employers must make available on your first day of work and on the first day of their calendar year.

This is in addition to any paid sick or safe time you already earn under ESSTA. DCWP notes that these 32 hours are required for all employees and must be available for use right away.

For many New Yorkers, this means you no longer start a new job with zero safety net.

3. Codified Paid Prenatal Leave

Local Law 145 formally adds paid prenatal leave requirements into the NYC Administrative Code. This aligns city rules with state Labor Law § 196‑b and makes clear the penalties employers face for failing to provide this leave.

This ensures that expecting parents in physically demanding jobs have protected time to attend appointments and safeguard their health. DCWP has released new updated notices—called the “Notice of Employee Rights: Protected Time Off” summarizing these rights.

How This Helps Workers

Workers often face unpredictable hazards—heavy lifting, exposure to equipment, working in extreme weather, or navigating tight production schedules. Taking time off is often not just a personal need but a workplace safety necessity.

Local Law 145 supports you by:

Providing Flexibility When It Matters Most

If your job site closes because of a public disaster, or your child’s school shuts down unexpectedly, you now have protected leave options. This reduces stress when life throws you a curveball.

Giving You Immediate Protection at a New Job

No more waiting months to earn the time you might desperately need in week one. This change especially benefits workers who move between seasonal or project‑based jobs.

Ensuring Employers Stay Transparent

With DCWP’s new notice rules, you must be informed—clearly and in writing—about how much safe and sick time you have and how you can use it.

Where Workers Can Learn More

DCWP maintains a comprehensive FAQ page explaining your rights under the Protected Time Off Law, including the ESSTA rules and updates. The agency emphasizes that it enforces these requirements and provides general guidance for both employees and employers.

The proposed rules related to Local Law 145—including the expanded leave reasons and additional unpaid time—are also available through DCWP’s rulemaking portal.

Workers can access also access resources relating to the PTO Law at:

NYC Department of Consumer and Worker Protection
https://www.nyc.gov/workers

You can also call 311 and say “Protected Time Off” to get connected with DCWP.

The Bottom Line

Local Law 145 is a significant step forward for New York City workers, especially those in physically demanding roles. With expanded protections, immediate access to unpaid leave, clearer employer obligations, and new categories of covered time off, the law helps ensure you don’t have to risk your health, your safety, or your stability to keep your job.

It’s one more way NYC is giving workers the respect—and the protection—they deserve.

Legal Representation for All Workers

When McGillivary Steele Elkin LLP decides to take your case, it is because we believe there is an unacceptable workplace violation that has negatively impacted you or resulted in your employer paying less than what the law requires and which we have a reasonable chance of remedying. We recognize that meritorious claims should not go unremedied because of the level of a person’s resources.

To ensure accessible and available legal representation for all our clients, MSE handles cases through different forms of fee arrangements, including contingency fees, hourly fees and fixed fees.

Please note that MSE associates with other firms on evaluating sexual harassment/discrimination cases

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