New York City Expands Earned Safe And Sick Time Act: Key Changes Effective February 22, 2026

The New York City Council enacted amendments to the New York City Earned Safe and Sick Time Act (ESSTA). These amendments took effect on February 22, 2026, and materially expand employee leave entitlements and employer compliance obligations.

In Depth

Expanded leave entitlements

Under the amendments, all New York City employers must provide employees with a new bank of 32 hours of unpaid safe/sick leave, which must be available immediately upon hire and refreshed on the first day of each calendar year. Similar to paid safe/sick leave, there is no waiting period for use of unpaid safe/sick leave.

This new unpaid leave entitlement is in addition to employees' existing accrued paid safe/sick leave under ESSTA. If an employee requests time off for an ESSTA-covered reason, employers must apply available paid leave before unpaid leave, unless the employee asks to use unpaid leave first. Unlike paid safe/sick time, the 32 hours of unpaid safe/sick leave do not carry over from year to year. Nothing in ESSTA, including under the recent amendments discussed here, alters existing rights under other statutorily mandated leave policies, such as short-term disability.

The 32-hour unpaid leave bank will be subject to ESSTA's existing notice requirements, which mandate that employers inform employees of accrued, used, and available safe/sick leave each pay period on paystubs or other written documentation. Under the amendments, employers must track and report paid and unpaid safe/sick leave separately. The New York City Department of Consumer and Worker Protection (DCWP) has indicated that even employers with unlimited paid time off (PTO) policies generally must still comply with ESSTA's tracking and notice requirements.

Broader permissible uses of safe/sick leave

The amendments also expand the permissible reasons for which employees may use paid or unpaid safe/sick leave, including the following:

• When the employee is a “caregiver,” which is defined as “a person who provides direct and ongoing care for a minor child or a care recipient.” The law defines “care recipient” as “a person with a disability, including a temporary disability, who (i) is the caregiver's family member or resides in the caregiver's household and (ii) relies on the caregiver for medical care or to meet the needs of daily living.”
• In response to public disasters or emergencies, including when:
  • A public official orders workplace or school closures or instructs employees to remain indoors or avoid travel; or
  • An employee's workplace, school, or childcare provider is closed due to such an emergency.
• For reasons related to “workplace violence” – which is defined as “any act or threat of violence against an employee that occurs in a place of employment” – including:
  • To meet with a legal or social services provider; or
  • To take other protective actions when the employee or their family member/care recipient is a victim of workplace violence.
• For subsistence benefits or housing-related matters, including to attend or prepare for legal proceedings, or to take other necessary actions related to applying for, maintaining, or reinstating public benefits or housing for the employee or their family member/care recipient.

Codification of paid prenatal leave

The amendments codify New York State's paid prenatal leave requirements into New York City law, requiring employers to provide eligible employees with 20 hours of paid prenatal leave per 52-week period under both New York State and City law. Additional information on New York State's paid prenatal leave can be found in our January 2025 client alert.

Proposed rules by the New York City DCWP

The DCWP has issued proposed rules to implement the amendments. The proposed rules are available here. DCWP will hold a public hearing on March 2, 2026, to provide the public with an opportunity to comment on the proposed rules.

Updated “Notice of Employee Rights”

The DCWP has published a new “Notice of Employee Rights: Protected Time Off,” outlining employees' rights to sick and safe time and paid prenatal leave under the amendments. New York City employers must provide current employees the new notice by March 24, 2026, display it in the workplace in an area that is visible and accessible to employees, and provide it to all new hires.” A copy of the Notice of Rights can be found here.

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.