Changes to New York City’s Earned Safe and Sick Time Act as of February 22, 2026
As of February 22, 2026, amendments to New York City’s Earned Safe and Sick Time Act (ESSTA) and the Temporary Schedule Changes Act will take effect. These amendments include the introduction of additional unpaid safe and sick time hours, the expansion of permissible uses of safe and sick time, the reduction of employer obligations under the Temporary Schedule Changes Act, and the codification of paid parental leave provisions consistent with New York State law.
Additional Unpaid Safe and Sick Time Entitlement of 32 Hours Per Calendar Year
The ESSTA has already required employers in New York City to provide paid leave for employees to address their own health needs or those of a family member or to handle certain safety-related circumstances. Under current law, employees accrue leave based on hours worked or receive a frontloaded grant of leave at the beginning of the calendar year, generally up to 40 or 56 hours of paid leave per year, depending on the employer’s size and income.
As of February 22, 2026, employers must provide an additional 32 hours of unpaid safe and sick time to each employee, available immediately at hire and refreshed on the first day of each calendar year. This new unpaid leave may be used when an employee has exhausted his or her paid leave or does not yet have enough accrued paid leave hours, or if the employee specifically requests to use unpaid leave. Like paid leave, hours of unpaid safe and sick time used and available to the employee must be reported on pay statements provided to the employee each pay period. However, unused unpaid leave hours may not be carried over into the next calendar year. Unpaid leave may be used for any reason permitted under the ESSTA.
Expanded Use of Paid or Unpaid Safe and Sick Time
Besides the additional 32 hours of unpaid leave, the changes to the ESSTA further expand the reasons why employees may use paid or unpaid leave. As of February 22, 2026, Employees may also use safe and sick time for the following reasons:
Caregiving: Employees who provide direct and ongoing care for a minor child or a care recipient may use available leave. A care recipient is defined as a person with disability (including temporary disability), who is either the caregiver’s family member or resides in the caregiver’s household and relies on the caregiver for medical care or to meet the needs of daily living.
Subsistence benefits or housing: Employees may take time off to initiate, attend, or prepare for a legal proceeding or hearing related to subsistence benefits or housing-related legal matters, for themselves, their family member, or a care recipient (as defined above) or to take actions necessary to apply for, maintain, or restore subsistence benefits or shelter for the employee, covered relation, or care recipient.
Workplace violence: Employees may take available leave in case of any act or threat of violence against the employee or the employee’s family member in their place of employment.
Public disasters: Employees may use available leave when their place of business is closed due to a public disaster, when the employee must care for a child whose school or childcare facility is closed due to a public disaster or has restricted in-person operations due to a public disaster, or when a public official has directed people to remain indoors or avoid travel during a public disaster and this direction prevents the employee from coming to work.
Temporary Schedule Change Requests No Longer Mandatory
In view of the new additional 32 hours of unpaid leave and the expansion of the reasons for safe and sick time, employers will no longer be obligated to grant temporary schedule change requests as of February 22, 2026. Employees may still ask for a schedule adjustment for personal reasons, but employers are only required to consider the request and respond “as soon as practicable”. The employer may approve, deny, or suggest an alternative, as long as the employee is not penalized for making the request.
Incorporation of Paid Parental Leave into the ESSTA
The ESSTA amendments also incorporate New York State’s provisions regarding parental leave, which provide 20 hours of paid prenatal leave in any rolling 52-week period. The paid parental leave is separate from and in addition to the existing paid and the new unpaid safe and sick time entitlements.
Required Actions by Employers
The 2026 amendments to New York City’s safe and sick time law signal a shift toward broader employee protection. To remain compliant with the updated law taking effect as of February 22, 2026, employers should in particular take the following steps:
Update safe and sick time policies to reflect the new unpaid leave bank and expanded use categories.
Adjust payroll and HR systems so the additional unpaid leave hours are reflected accurately.
Train HR and management staff on how the new categories of leave may be requested and approved.
Inform employees of their updated rights, including how and when they can use both paid and unpaid leave.
If you have any questions about or would like assistance to make sure your company complies with these new leave provisions, please reach out to Orla McCabe at orla.mccabe@wg-law.com or 212-509-1910.
This summary has been prepared for general informational purposes only and does not constitute legal advice. It is intended as a summary and does not contain all details applicable to the amendments to New York City’s Earned Safe and Sick Time Act. This summary may be construed as attorney advertising.