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27 November 2025

November Tip Of The Month: NYC Earned Safe And Sick Time Act Amended, Effective February 2026

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New York City's Earned Safe and Sick Time Act (ESSTA) requires employers to provide safe and sick leave to New York City employees for a range of qualifying reasons.
United States New York Employment and HR
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New York City's Earned Safe and Sick Time Act (ESSTA) requires employers to provide safe and sick leave to New York City employees for a range of qualifying reasons.

Depending on employer size, at present, employees may accrue and use either 40 or 56 hours of paid safe and sick leave annually. Effective February 22, 2026, however, employers will be required to provide an additional 32 hours of unpaid safe and sick leave to all employees, in addition to the above-noted allotments. The ESSTA amendments will also expand the qualifying reasons for which employees may use safe and sick leave, including for time needed to care for a minor. The amendments will also introduce new recordkeeping requirements. New York City employers should promptly review and update their sick and safe leave policies, procedures, and recordkeeping practices to ensure compliance with the ESSTA's forthcoming amendments. 

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.

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