New NYC Leave Requirement: Expansion of the Earned Safe and Sick Time Act (ESSTA)

New York City has amended the Earned Safe and Sick Time Act (ESSTA) to expand access to protected leave. The update requires employers to provide additional unpaid sick and safe time to employees, in addition to the paid leave already required under the law. The goal is to ensure workers can take time off for health, safety, and caregiving needs even after they have used up their paid leave without jeopardizing their jobs.

1. When does the change take effect?
   The amendment became effective on February 22, 2026.
2. What is the new requirement?
   Employers must provide up to 32 hours of unpaid sick and safe time to all employees working in NYC each year. This is in addition to the paid sick and safe time already required under ESSTA.
3. Who must follow this rule?
   Every employer with employees in New York City.
4. How does the unpaid leave work?
5. Employees can use unpaid sick and safe time for the same reasons as ESSTA leave
6. This time is available in addition to paid leave, not instead of it
7. It can be used when paid sick and safe time has been exhausted or when an employee chooses to take unpaid time
8. What are the qualifying reasons employees can use sick and safe time under the updated ESSTA?

Employees may use sick and safe time for a wide range of protected reasons:

• Health needs – Applies to an employee’s or a family member’s health needs (including illness, injury, diagnosis, treatment, preventive care). “Family member” broadly includes individuals related by blood or individuals “whose close association with the employee is the equivalent of a family relationship.” Employers may not ask an employee to specify the type of health need.
• Child care or family care – Care of a child or a family or household member with a disability (including temporary disabilities). This reason includes using time off when a minor child or care recipient needs to be watched during school holidays, daycare closures for any reason, or babysitter cancellations.
• Applying for benefits or housing, such as attending hearings or appointments related to public benefits or housing
• Safety measures – Uses related to seeking safety from domestic violence (or to help a family member experiencing domestic violence) unwanted sexual contact, stalking, human trafficking, or workplace violence. Protected time off can be used for seeking services, safety planning, or legal assistance. For example, to move homes or shelters, get divorced, enroll a child in school, apply for public benefits, meet an attorney or social worker, and file a police report.
• Public disasters or emergencies – To stay home when a public disaster or emergency is declared because of severe weather events (such as snowstorms or hurricanes) and public disasters like fires, explosions, or terrorist attacks that cause a state of emergency or a public disaster declared by the U.S. president, New York State governor, or the New York City mayor.
• Do employers need to track this leave separately?
  Yes. Employers must track unpaid sick and safe time separately from paid leave.
• What are the notice and documentation requirements?
  Employers must provide employees with written documentation of their leave balances each pay period. This can be done by:
• Including the information on paystubs, or
• Providing another form of written documentation each pay period

The documentation must show available, used, and remaining unpaid sick and safe time.

• What should employers do to prepare?
  Employers should:
  • Update leave policies and employee handbooks
  • Ensure payroll systems can track both paid and unpaid leave
  • Train HR staff and managers on the new requirements

9. What does this mean for employees?
Employees have access to additional protected time off, even if they have already used their paid sick and safe leave. This can help provide flexibility during illness, emergencies, or situations involving personal or family safety.

For more information, visit https://rules.cityofnewyork.us/rule/protected-time-off-under-the-earned-safe-and-sick-time-act/

CWI resources are for employers, employees, and jobseekers. They are only provided for general informational purposes and are not a substitute for legal advice.