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New York employers must prepare to revise their sick and safe leave policies in the new year. As described in our recent advisory, the New York City Council approved a bill that broadens entitlements under the city's Earned Safe and Sick Time Act ("ESSTA"). The bill became law (the "Law") on October 25, 2025, after Mayor Eric Adams returned the bill unsigned and will go into effect on February 22, 2026.
Along with providing additional reasons for the use of ESSTA leave, the Law requires employers to provide employees with an additional 32 hours of unpaid sick/safe time upon hire and on the first day of each calendar year. Additionally, the Law consolidates ESSTA coverage with an employee's rights under the NYC Temporary Schedule Change Act ("TSCA"). Since leave for "personal events" is now covered under ESSTA, the TSCA will be eliminated. Finally, the Law includes a statutory entitlement to paid parental leave as an element of ESSTA, which provides 20 hours of leave in addition to the paid sick and safe time to which an employee is already entitled (see our prior advisory on paid parental leave).
To be ready to comply with the new Law by February 22, 2026, New York City employers should:
- Review and update their leave policies to reflect the new requirements, particularly the separate bank of unpaid sick and safe time.
- Remove any policies related to the TSCA.
- Train managers on the new law so that they may be able to handle requests by employees for leave.
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.
