New York City Proposes Expanding Sick and Safe Leave Requirements in 2026
On September 25, 2025, the New York City Council approved a bill (the “Bill”) that, if enacted by Mayor Adams, will significantly expand employee entitlements under the City’s Earned Safe and Sick Time Act (“ESSTA”). The Bill – if signed into law – would take effect 120 days thereafter.
Current ESSTA Requirements
Under the existing law, employers with 99 or fewer employees must provide up to 40 hours of sick and safe time annually, while employers with 100 or more employees must provide up to 56 hours per year. Time accrues at a rate of one hour for every 30 hours worked. With the exception of employers with four or fewer employees and a net income under $1 million in the previous year, all ESSTA leave must be paid.
Key Proposed Changes to ESSTA
Expanded Reasons for Leave
Currently, ESSTA allows employees to use leave for illness, preventive care, caring for a family member, closures during a public health emergency, or for “safe time” in situations involving domestic violence, sexual offenses, stalking, or human trafficking.
If enacted, the Bill would require New York City employers to also provide leave in the following additional circumstances:
- Public disaster closures: When a workplace, school, or childcare center is closed by order of a public official due to a public disaster (including fire, terrorist attack, or severe weather).
- Public disaster restrictions: When a public official directs individuals to stay indoors or avoid travel.
- Workplace violence: When an employee or their covered family member has been the victim of workplace violence, defined as any act or threat of violence occurring in a place of employment.
- Caregiving: When an employee is acting as a caregiver to a minor child or another care recipient.
- Legal and subsistence matters: When an employee attends or prepares for legal proceedings related to subsistence benefits or housing, or takes necessary actions to apply for, maintain, or restore such benefits for themselves or their family members.
Additional 32 Hours of Unpaid Leave
The Bill introduces a new entitlement: 32 hours of unpaid sick and safe leave provided at hire and on the first day of each calendar year. Unused unpaid leave does not carry over to the following year, and employees may only use it after exhausting accrued paid leave under ESSTA.
Paid Prenatal Leave
Another notable change is the addition of 20 hours of paid prenatal leave per rolling 52-week period. This leave is in addition to an employee’s regular sick and safe time entitlement. Employers may require a minimum increment of one hour per day for prenatal leave (compared to the four-hour minimum increment for other ESSTA leave types).
Coordination with the Temporary Schedule Change Act
The Bill also seeks to streamline employee rights under the ESSTA with the NYC Temporary Schedule Change Act (“TSCA”). Currently, the TSCA allows employees two temporary schedule changes per year for “personal events.” Because these events will now be covered under the ESSTA, the TSCA would be repealed. Employees will continue to have the right to request ESSTA leave for personal events and remain protected from retaliation for doing so.
Next Steps for Employers
If Mayor Adams signs the Bill, New York City employers should:
- Review and update leave policies to incorporate the expanded ESSTA provisions and eliminate references to the TSCA.
- Train managers and HR personnel on the new rules to ensure proper handling of employee leave requests.
- Update payroll and HRIS systems to account for the changes and automated tracking systems.
How Forework Can Help
Navigating New York City’s evolving employment laws can be challenging. Forework’s compliance experts are available to help your business update policies, train staff, and maintain compliance with ESSTA and other wage and hour requirements.
If you have questions about how these changes may affect your organization, contact Forework today.