Question:
Hi Jennifer,
I’m hearing that New York City expanded its Earned Safe and Sick Time Act. What changed and when do we need to comply?
-Dr. T
Answer:
That’s right. New York City has expanded its Earned Safe and Sick Time Act (“ESSTA”), with some changes already in effect and others rolling out in 2026.
Under the ESSTA, NYC employers are required to provide employees with paid safe/sick leave at their regular rate of pay. This time can be used for the employee’s own medical needs, pre-natal care, to care for family members, or for safety-related reasons such as domestic violence, stalking, or human trafficking.
New York City employers with:
• 100+ employees: must provide up to 56 hours of paid safe and sick leave per year.
• 5–99 employees: must provide up to 40 hours of paid safe and sick leave per year.
• 1–4 employees:
o Must provide up to 40 hours paid safe and sick leave if employers net income is $1 million or more;
o Must provide up to 40 hours unpaid if employer’s net income is less than $1 million.
What's new?
1. 20 hours of Paid Prenatal Leave (Effective January 1, 2025)
Under New York State Law, all employers must provide 20 hours of paid prenatal leave every 52-week period. This leave is in addition to paid sick/safe leave, is available immediately without accrual, and can be used for pregnancy-related medical appointments and care.
2. Additional 32-Hour Unpaid Leave Bank (Effective February 22, 2026)
All New York City employers must provide employees with an additional 32-hour bank of unpaid safe and sick leave. This bank resets every year, and must be available upon hire. It is separate from the existing 40- or 56-hour paid leave requirements.
3. Expanded Reasons for Leave (Effective February 22, 2026)
The law also broadens the permissible reasons for using leave, including situations involving public health emergencies or disasters, caregiving needs, and housing or benefit related proceedings.
Now is the time to review and update employee handbooks, policies, and notices. We’re happy to help ensure your leave policies and internal procedures are fully compliant with ESSTA and the new 2025 and 2026 requirements.
___________________________________________________________________________________________
[1] N.Y.C. Admin. Code § 20-913(b).
[2] N.Y.C. Admin. Code § 20-913(a)(1).
[3] N.Y.C. Admin. Code § 20-913(a)(1).
[4] N.Y. Labor Law § 196B (4-a); 6 R.C.N.Y. § 7-216.
[5] Aligning the requirements of the earned safe and sick time act and the temporary schedule change act, Int. 780-A, 2024, Committee on Consumer and Worker Protection, (Enacted Oct. 25, 2025).
[6] Id.
Hi Jennifer,
I’m hearing that New York City expanded its Earned Safe and Sick Time Act. What changed and when do we need to comply?
-Dr. T
Answer:
That’s right. New York City has expanded its Earned Safe and Sick Time Act (“ESSTA”), with some changes already in effect and others rolling out in 2026.
Under the ESSTA, NYC employers are required to provide employees with paid safe/sick leave at their regular rate of pay. This time can be used for the employee’s own medical needs, pre-natal care, to care for family members, or for safety-related reasons such as domestic violence, stalking, or human trafficking.
New York City employers with:
• 100+ employees: must provide up to 56 hours of paid safe and sick leave per year.
• 5–99 employees: must provide up to 40 hours of paid safe and sick leave per year.
• 1–4 employees:
o Must provide up to 40 hours paid safe and sick leave if employers net income is $1 million or more;
o Must provide up to 40 hours unpaid if employer’s net income is less than $1 million.
What's new?
1. 20 hours of Paid Prenatal Leave (Effective January 1, 2025)
Under New York State Law, all employers must provide 20 hours of paid prenatal leave every 52-week period. This leave is in addition to paid sick/safe leave, is available immediately without accrual, and can be used for pregnancy-related medical appointments and care.
2. Additional 32-Hour Unpaid Leave Bank (Effective February 22, 2026)
All New York City employers must provide employees with an additional 32-hour bank of unpaid safe and sick leave. This bank resets every year, and must be available upon hire. It is separate from the existing 40- or 56-hour paid leave requirements.
3. Expanded Reasons for Leave (Effective February 22, 2026)
The law also broadens the permissible reasons for using leave, including situations involving public health emergencies or disasters, caregiving needs, and housing or benefit related proceedings.
Now is the time to review and update employee handbooks, policies, and notices. We’re happy to help ensure your leave policies and internal procedures are fully compliant with ESSTA and the new 2025 and 2026 requirements.
___________________________________________________________________________________________
[1] N.Y.C. Admin. Code § 20-913(b).
[2] N.Y.C. Admin. Code § 20-913(a)(1).
[3] N.Y.C. Admin. Code § 20-913(a)(1).
[4] N.Y. Labor Law § 196B (4-a); 6 R.C.N.Y. § 7-216.
[5] Aligning the requirements of the earned safe and sick time act and the temporary schedule change act, Int. 780-A, 2024, Committee on Consumer and Worker Protection, (Enacted Oct. 25, 2025).
[6] Id.
