CSG Law Alert: Amendments to NYC’s Safe and Sick Leave Law in the New Year
The New York City Council enacted amendments to the New York City Earned Safe and Sick Time Act (ESSTA) on October 25, 2025, which are set to take effect on February 22, 2026. Employers should be aware that these amendments (1) expand the permitted reasons employees may use ESSTA leave; (2) require employers to provide an additional 32 hours of unpaid leave; (3) provide 20 hours of paid prenatal leave as part of the ESSTA; and (4) forego the requirement that employers grant temporary schedule change requests. As we enter the new year, it is imperative that employers modify their practices and employee handbooks to maintain compliance.
Overview of the Current Safe and Sick Leave Law
The ESSTA currently mandates that employers provide earned safe and sick leave commensurate with the size of the employer. Employers with 100 or more employees must provide up to 56 hours of paid leave per year while employers with between five and 99 employees must provide up to 40 hours of paid leave per year. Employers with four or fewer employees and whose net income is less than $1 million, however, may provide unpaid leave.
Employees may use ESSTA leave for:
- Their mental or physical care;
- Care of a family member with a mental or physical illness;
- Closure of their place of business due to a public health emergency;
- Care for a child whose school or childcare provider has been closed due to a public health emergency; or
- Seeking services or taking safety measures if the employee or their family member is the victim of a qualifying offense.
Expanded Permitted Uses of ESSTA Leave
In addition to the permitted reasons for using ESSTA leave described above, employers are also required to provide leave for the following reasons:
- Care for a Minor Child or Care Recipient: Employees may use ESSTA leave to provide care for a minor child or care recipient. A care recipient is defined 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.
- Initiate, Attend, or Prepare for a Proceeding Related to Subsistence Benefits or Housing: Employees are entitled to ESSTA leave to “initiate, attend or prepare for a legal proceeding or hearing related to subsistence benefits or housing.” Employees may use leave if they, their family member, or their care recipient are a party to an action or to take necessary steps to apply for, maintain, or restore such benefits or housing.
- Workplace Violence: Employees are further entitled to leave if the employee or their family member has been the victim of workplace violence. Workplace violence is defined as any act or threat of violence against an employee that occurs in a place of employment.
- Orders Due to a Public Disaster: Employees may use leave if a public official declares an order due to a public disaster that results in (1) closure of the employee’s place of business; (2) the employee’s need to care for a child whose school or childcare provider has been closed or restricted-in person access; or (3) a directive to remain indoors or avoid travel.
Additional Unpaid Leave
In addition to the paid leave described above, employers are now required to provide a separate bank of 32 hours of unpaid ESSTA leave. This unpaid leave must be made immediately available to employees upon hire and on the first day of each calendar year. Employers are not required, however, to carry over unused unpaid safe and sick leave time to the next year.
Prenatal Leave
The amendment further incorporates the requirement that employers provide 20 hours of paid prenatal leave per year into the ESSTA. Prenatal leave must be kept in a bank separate and apart from all other leave provided under the ESSTA.
Temporary Schedule Changes
The ESSTA provides some reprieve to employers by eliminating the requirement to provide two temporary schedule changes per year as a result of personal events. While an employee may still request a temporary change, the employer is not required to agree to the employee’s request. The employer must, however, respond to the request as soon as practicable and may propose an alternative temporary change.
Summary
Employer obligations under the ESSTA will change beginning February 22, 2026. The amendments to the ESSTA will require employers to (1) expand the permitted uses of ESSTA leave; (2) provide an additional 32 hours of unpaid leave; and (3) provide 20 hours of paid prenatal leave. The amendments provide some reprieve to employers by foregoing the requirement that they agree to two temporary schedule changes per year for personal events. As we bid farewell to 2025 and welcome the new year ahead, employers should modify their employee handbooks to ensure compliance with the changes in law.