Effective as of Feb. 22, 2026, New York City Local Law No. 145 (“Local Law 145”) has expanded leave allowances and broadened the definition of protected paid time off for employees under the City’s Earned Safe and Sick Time Act (“ESSTA”). There are a few clear obligations of which employers need to be aware.
- Employers are required to make 32 hours of unpaid leave immediately available to new hires with no accrual requirements. Local Law 145 also protects employees from discipline for availing themselves of this entitlement. This leave can be unpaid, but employees must be able to take advantage of this time from the onset of their employment. Local Law 145 also requires that this automatic 32 hours be refreshed every Jan. 1, making this an ongoing obligation for employers. This rule applies to both full and part-time employees.
- Local Law 145 expands the covered uses for protected safe or sick leave under ESSTA. Employees can now take protected time off without reprisal for the following reasons:
- Caring for a minor child, including on school holidays or during childcare disruptions
- Caring for a disabled family or household member
- Attending benefits or housing appointments or hearings
- To stay home during a declared public emergency, such as a snowstorm or power outage
- To address personal needs related to workplace violence
- Local Law 145 broadens the definition of protected paid time off. Under New York’s Protected Time Off Law, employees already have the right to up to 40-56 hours of protected paid time off per year, plus 20 hours of paid prenatal leave for expecting parents. Local Law 145 has expanded protected paid time off to include:
- When an employee needs medical care, including recovery from an illness or injury
- When they need to care for a family member
- When they have needs related to domestic violence
Compliance with Local Law 145
The New York City Mayor’s Office stated the city will be taking provisional compliance with Local Law 145 seriously, citing a data-driven approach to monitor compliance with the new requirements in a prepared release on Feb. 20, 2026.
The Mayor’s Office also indicated that the city had already sent compliance warnings to 56,000 businesses related to these leave policies, as stated in the same release. Under the law, penalties could be severe, ranging from $250-$2,500 per employee, plus back pay, for any substantiated violations.
What To Do
In order to avoid being caught up in the City’s sweeping enforcement blitz, employers should immediately add the 32-hour allowance to employee paystubs and take steps to update their employment manuals and other policies to include the entitlements set forth in Local Law 145. Employers should also be mindful that any discipline or retaliation against employees utilizing these new categories of leave could be subject to punishing penalties under New York Labor Law, Section 740, or other similar city, state, or federal statutes. As such, employers should take care to document usages and approval to gird against potential complaints for failure to comply with Local Law 145 and to protect themselves against potential abuse of the entitlements by employees.
The best inoculation against enforcement actions are:
- Understanding employer obligations under the law
- Training management in compliance while monitoring for potential misuse of leave
- For example, verifying reasons for leave (including obtaining medical documentation), documenting leave approvals or disputes, looking for patterns in leave requests that may appear suspicious (i.e. only on Fridays) or are inconsistent with the employee’s regular behavior.
The City intends to issue rules on the interpretation of the new law following a March 2, 2026, public hearing. Leech Tishman will continue to closely monitor developments related to Local Law 145 and advise clients on updated guidance for obligations and compliance as the legal and regulatory landscape evolves.
Leech Tishman’s Labor & Employment attorneys focus on helping employers prevent litigation. Our team is prepared to advise your company on the obligations and compliance measures required under the implementation of Local Law 145. For assistance or additional information, please contact Lisa Alexis Jones at ljones@leechtishman.com or Lydia A. Pappas at lpappas@leechtishman.com, attorneys in Leech Tishman’s Labor & Employment Practice Group.