Requirement to Provide 32 Immediately Available Hours of Protected Time Off.
6 RCNY § 7-217
in effect§ 7-217 Requirement to Provide 32 Immediately Available Hours of Protected Time Off.
(a) When an employee is absent for a reason described in § 20-914 of the Administrative Code and has available both paid and unpaid protected time off, the employer shall provide paid protected time off to cover the employee's absence, unless the employee requests to draw from the bank of unpaid protected time off instead. When an employee has not accrued enough paid protected time off, the employer shall provide unpaid protected time off to cover the employee's absence as provided in § 20-913 k. of the Administrative Code.
Example: Beth works at a company with an accrual policy. She carries over 20 hours of accrued paid protected time off into a new calendar year. On January 1, she also has 32 hours of unpaid protected time off available. The daycare Beth's daughter attends closes for a school holiday, so Beth needs to take three days (24 hours) of protected time off for childcare. Beth's employer must pay her for 20 hours of protected time off and also provide 4 hours of unpaid protected time off.
(b) An employer may fulfill its obligation to provide 32 unpaid immediately available hours by providing some or all of this time as an equivalent amount of paid protected time off. An employer should pay employees for this immediately available protected time off when necessary to comply with other legal obligations, or to meet the criteria for an overtime exemption under state or federal law, such as the Fair Labor Standards Act salary basis test. Providing paid immediately available hours does not affect an employer's separate obligation to provide paid protected time off pursuant to § 20-913 b. of the Administrative Code, if applicable. Consistent with § 20-913 k. of the Administrative Code, at least 32 hours of protected time off, whether paid or unpaid, must be immediately available on an employee's first day of employment and on the first day of each calendar year.
(c) When there is a separation from employment and the employee is rehired within the same calendar year, the employer must reinstate the employee's unused portion of immediately available hours, in addition to reinstating accrued protected time off if required pursuant to § 20-913 j. of the Administrative Code.
(Added City Record 6/23/2026, eff. 7/23/2026)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-156225Fetched: 10/24/2026