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The New York City Earned Safe and Sick Time Act ("ESSTA") is expanding. On October 25, 2025, the ESSTA was amended to provide additional benefits to employees. These amendments go into effect on February 22, 2026, and will requirecoveredNew York City employers to adjust practices and leave policies in several key areas, including: (i) employers must grant an additional 32 hours of unpaid leave to new employees upon hire and to all employees at the beginning of each benefit year; and (ii) employers must comply with a broader range of reasons for which employees can use time under ESSTA.
New Unpaid Leave Entitlements
The amended ESSTA requires employers to provide employees with a minimum of 32 hours of unpaid safe/sick time immediately upon hire, as well as to "frontload" this time at the start of each new benefit year. Employees may use this unpaid safe/sick time immediately upon receipt. Furthermore, if an employee requests time off for a purpose covered by safe/sick time, the employermust provide paid safe/sick time unless the employee has no such time available or specifically requests to use other available leave in lieu of paid safe/sick time. Unlike paid sick time, under the amended ESSTA, employers are not required to carry over unused unpaid safe/sick time from one benefit year to the next. The amended ESSTA requires unpaid safe/sick time to be reported on pay statements or otherwise documented in writing to employees each pay period.
Expanded Use of ESSTA Leave
In addition to the 32-hours of unpaid safe/sick time, the amended ESSTA expands covered uses of safe and sick time to include:
- Employees who are caregivers may take safe time to care for a minor child or care recipient. The law defines a "caregiver" as a person who provides direct and ongoing care for a minor child or care recipient. A "care recipient" is defined as a person with a disability who is a family member or a person residing in the caregiver's household and relies on the caregiver for medical care or to meet the needs of daily living;
- Time off when the employee or the employee's family member has been the victim of workplace violence;
- Safe time to attend a legal proceeding or hearing related to subsistence benefits or housing, where the employee, a family member, or the employee's care recipient is a party; and
- Safe time when an employee is prevented from reporting to their work location due to (i) the closure of the employee's workplace; (ii) a directive from public officials to remain indoors or avoid travel; or (iii) the need to care for a child whose school or childcare provider has closed or has restricted in-person operations, during a declared public disaster.
Paid Prenatal Leave
The ESSTA amendments also incorporate previous amendments to New York City's ESSTA regulationsthat took effect earlier this year, requiring employers to provide at least 20 hours of paid prenatal leave.
Temporary Schedule Change Law
Under the ESSTA amendments, New York City's Temporary Schedule Change Law ("TSCL") is significantly narrowed, as several reasons for use are now incorporated into the ESSTA. Previously, the TSCL required employers to grant an employee's request for a temporary change to their work schedule related to a "personal event" twice per calendar year for up to one business day per request. Employees could request to use PTO or work remotely. The TSCL also permitted an employee, even after exhausting two requests, to request additional temporary changes to their work schedule. An employer was free to grant or deny these additional requests at its discretion.
With the amended ESSTA, employees are no longer guaranteed two TSCL days each benefit year. Employees still have the right to request temporary schedule changes for personal events, but employers are no longer required to grant these requests.
What Should New York City Employers Do?
By February 22, 2026, we recommend that covered employers review all leave-related policies and procedures to ensure compliance with the amended ESSTA, including establishing a separate bank of unpaid safe and sick time upon hire and at the beginning of each benefit year.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
