Your Employer May Owe You Paid Sick Days — And Possibly Back Pay for Years of Violations.

What Is the NYC Earned Sick and Safe Time Act?

New York City's Earned Safe and Sick Time Act (ESSTA) requires most employers in NYC to provide employees with paid sick and safe leave. Most workers who work in New York City for more than 80 hours per calendar year are covered, regardless of whether they are full-time, part-time, or per diem.

Yet many employers fail to follow the law — and many workers never find out.

How Much Paid Leave May You Be Entitled To?

Entitlement generally depends on employer size, though the specific rules can depend on your situation:

Note: The above reflects general guidelines. Your specific entitlement may vary based on your employer, industry, and individual circumstances.

What Can You Use It For?

Covered employees in most cases may be entitled to use sick and safe time for:

• Your own illness, injury, or medical care — including mental health
• Care for a family member who is ill or needs medical attention
• Public health emergencies affecting the workplace, school, or childcare
• Safe time — absences related to domestic violence, sexual assault, stalking, or human trafficking affecting you or a family member (including seeking legal assistance, medical attention, or relocation)

Family Members Covered

The law covers absences to care for a broad range of family members, including spouses, domestic partners, children, parents, siblings, grandparents, grandchildren, and others — the full definition is broader than many workers realize.

Could Your Employer Be Violating the Law?

Common violations that may entitle you to compensation include:

• Refusing to allow you to use accrued sick or safe time
• Failing to pay your regular rate when you used sick time
• Disciplining, demoting, or firing you for taking sick or safe leave
• Requiring a doctor's note for short absences when not permitted by law
• Not providing required written notice of your sick time rights
• Failing to let you accrue sick time at the required rate (1 hour per 30 hours worked in most cases)
• Counting sick time usage against your attendance record

What You May Be Able to Recover

Workers who successfully bring ESSTA claims may be entitled to:

Who Should Call Us?

You may want to speak with an attorney if any of these apply to you:

• You work (or worked) in New York City for more than 80 hours a year
• Your employer denied a request for sick or safe time
• You were paid less than your regular rate when you took sick time
• You were disciplined, demoted, or terminated after taking or requesting sick leave
• You never received any notice or documentation of your sick time rights
• Your employer required documentation for every absence, including short ones

Even if you're no longer at the job, you may still be able to file a claim depending on when the violation occurred. A free consultation costs you nothing and can help you understand your options.

Why LawyerForWorkers.com

Attorney Mohammed Gangat and the team at LawyerForWorkers.com focus exclusively on protecting the rights of New York workers. We handle sick time violations, retaliation cases, and wage claims — and we fight to maximize what you recover.

• Free consultation — no obligation, no pressure
• No upfront costs or fees, ever
• Contingency fee basis — you pay only if we win
• We handle all negotiations, filings, and legal proceedings
• We accept cases for current and former NYC employees