New York City Employers Must Provide 32 Additional Hours of Unpaid Sick/Safe Time Starting in February 2026

The New York City Council recently amended the Earned Sick and Safe Time Act (“ESSTA”) with Int. 0780-2024-A, significantly expanding leave entitlements for employees (the “Amendments”). The Amendments mandate that New York City employees will be eligible for 32 hours of unpaid sick/safe time (in addition to existing paid sick/safe time entitlements) and broaden the permissible reasons for taking leave under the ESSTA. The Amendments also incorporate prenatal leave rules previously enacted by the State and replace prior requirements for temporary schedule changes.

The Amendments were enacted on October 25, 2025, and will take effect on February 22, 2026.

Requirement to Front Load 32 Unpaid Hours of Annual Leave

Currently, the ESSTA requires covered employers in New York City to provide employees with 40 or 56 hours of paid sick/safe time (depending on employer size).

When the Amendments take effect, employers (regardless of size) must provide employees with an additional 32 hours of unpaid, job-protected sick/safe time.

Employees may use this unpaid leave for any reason covered under ESSTA, and it will be available immediately upon hire and at the start of each calendar year. Unused unpaid sick/safe time will not carry over to the following year. When an employee requests leave for an ESSTA-covered reason, the employer must provide paid sick/safe time unless the employee has no such time available or the employee specifically requests to use their unpaid sick/safe time in lieu of paid sick/safe time.

Employees determine how much leave to use, but employers may set reasonable minimum time increments. These increments must not exceed 4 hours per day (or 1 hour per day for prenatal leave).

Expanded Uses for ESSTA Leave

Pursuant to the Amendments, employees can use leave under the ESSTA (paid or unpaid) for the following new reasons:

• Caregiving. Employees can take leave to provide care to their minor children or care recipient. “Care recipient” is defined as a person with a disability who is a family member, or a person who resides in the caregiver’s household and relies on them for medical care or to meet daily living needs.
• Subsistence benefits or housing. Leave may be used to attend legal proceedings or hearings related to subsistence benefits or housing where the employee, their family member, or care recipient is a party.
• Workplace violence. If an employee or their family member is a victim of workplace violence, an employee can use leave to meet with a legal or social service provider and take other protective actions. “Workplace violence” is defined as any act or threat of violence that occurs in a place of employment.
• Public disasters. Time may be used in the event of a public disaster (defined to include events such as a fire, terrorist attack, or severe weather conditions). Specifically, an employee may use leave if their workplace is closed due to a public disaster or by order of a public official; if public officials issue a directive to remain indoors or avoid travel during a public disaster; or if they need to care for their child whose school or childcare provider is closed or has restricted in-person operations due to a public disaster or public health emergency.

Codified Paid Prenatal Leave

In addition to paid sick/safe time and unpaid sick/safe time, employers must provide employees with 20 hours of paid prenatal leave each year. This leave was previously granted under New York State law, which took effect on January 1, 2025; the Amendments now codify this entitlement under the ESSTA.

Temporary Schedule Changes

The Amendments replace a 2018 law on temporary schedule changes with less burdensome requirements for employers. Namely, under the Amendments, employees will have a legally protected right to request temporary schedule changes to their work schedule relating to a personal event (and are protected against retaliation for doing so), but are no longer guaranteed to receive two temporary schedule changes per year.

The Amendments define “temporary change” as a limited alteration in the dates, hours, times, or locations an employee works, including using unpaid or paid time off, working remotely, swapping shifts, or shifting hours.

Employers are not required to approve an employee’s schedule change request, but they must respond as soon as practicable. Employers can also suggest another option, which the employee is not required to accept.

Collective Bargaining Waiver

The ESSTA does not apply to employees covered by a collective bargaining agreement if the provisions are expressly waived by the agreement, and the agreement provides for superior or comparable benefits.

Next Steps for Employers

The City is expected to issue a new form notice before the Amendments take effect. In the meantime, employers should review their current sick/safe time policies and make any necessary updates to ensure compliance. Given the complexity of these changes—including new unpaid leave requirements, expanded permissible uses, and codified prenatal leave—employers who are uncertain about compliance should consult with legal counsel to avoid potential penalties and ensure a smooth transition. Indeed, failure to comply with the ESSTA can be costly as penalties include, but are not limited to, compensatory damages, liquidated damages, administrative fines, and attorneys’ fees and costs.