New York City has amended the New York City Earned Safe and Sick Time Act (“ESSTA”) expanding its leave entitlements to employees. The amendments go into effect on February 22, 2026.
The amendments include the following changes: (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. The amendments also codify the inclusion of paid prenatal leave that was added to the New York State Paid Sick Leave Law.
Unpaid Leave Entitlements
The amended ESSTA requires employers to provide employees with a minimum of 32 hours of unpaid safe and sick time immediately upon hire and employees can use the unpaid safe/sick time immediately upon receipt. Employers must frontload this time at the start of each new benefit year. Any unused safe/sick time does not need to be carried over to the next year.
When an employee requests time off under the ESSTA, an employer must first provide unused, accrued safe/sick time unless the employee has exhausted such time or no time is available. The amendments also require unpaid safe/sick time to be included on employees’ pay statements or provided in writing to employees each pay period.
Use of ESSTA Leave Expanded
The amendments also expand the uses of safe and/or sick time for employees. 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.
In addition, employees can use time when the employee or the employee’s family member has been the victim of workplace violence and 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.
Further, safe time can be used 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 regulations that took effect earlier this year, requiring employers to provide at least 20 hours of paid prenatal leave.
Changes to the TSCL
As a result of the ESSTA amendments, New York City’s Temporary Schedule Change Law (“TSCL”) is narrowed because now uses for leave are covered under the ESSTA. Under the amended ESSTA, employees are no longer guaranteed two TSCL days each benefit year.
Conclusion
In light of the recent amendments, New York City employers should review and update their policies to ensure compliance with the ESSTA by February 22, 2026. Should you have any questions or need assistance regarding the new changes to the law, please contact Ali Law Group.
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