New York City dramatically expands employers’ Safe and Sick Time Act obligations

New York City (NYC) has amended its Earned Safe and Sick Time Act (ESSTA) by expanding dramatically the benefits this local law provides to employees. Effective February 22, 2026, the amendments will allow safe/sick time under the ESSTA to be used to provide care for a child or care recipient, to attend a legal proceeding for subsistence benefits or housing, to respond to a public disaster, or to respond to workplace violence. The amended ordinance will also provide an additional 32 hours of unpaid safe/sick time under the ESSTA, which will be available for use immediately upon hire and subsequently on the first day of each calendar year. This additional unpaid safe/sick time will replace the two days the City’s Temporary Schedule Change Act (TSCA) provided. However, employees will still be able to request temporary changes to their work schedule, pursuant to the TSCA and subject to approval by their employer.

What the amendments require

As amended, the ESSTA will require employers to make available immediately, at the time of hire, an additional 32 hours of unpaid safe/sick time. In addition, at the start of each new calendar year, employers will need to make that 32 hours of unpaid safe/sick time available. Employees may use this unpaid safe/sick time immediately.