NYC Employer Obligations: Amendments Increase Earned Safe + Sick Time Act and Reduce Temporary Schedule Change Act Requirements

Takeaways

• Changes to the New York City Earned Sick and Safe Time and Temporary Schedule Change Acts take effect 02.22.26.
• The Earned Sick and Safe Time Act has been expanded to (i) formally codify the paid prenatal leave requirements into the local law, (ii) provide for additional unpaid time, and (iii) permit more reasons for use of time.
• The Temporary Schedule Change Act has been scaled back to remove most affirmative employer obligations other than to respond to an employee’s query about whether it is a grant or denial of the request or proposing an alternative option.

Related link

• The New York City Council - File #: Int 0780-2024

Article

Amendments to the New York City Earned Safe and Sick Time Act (ESSTA) and Temporary Schedule Change Act (TSCA) will take effect on Feb. 22, 2026.

The changes expand employee rights and increase employers’ safe and sick time compliance obligations but scale back employers’ obligations relating to temporary schedule changes.

The amendments were passed by the New York City Council and enacted into law on Oct. 25, 2025.

Expanded Sick and Safe Time Obligations

The ESSTA currently requires employers to provide safe and sick time to employees working in New York City for statutorily defined reasons. Depending on employer size, covered employees are entitled to accrue and use 40 hours or 56 hours of leave annually.

The recent amendments build upon these employee protections and introduce several substantive changes that employers should review carefully.

ESSTA Mandatory Front-Loaded Unpaid 32 Hours

In addition to existing paid safe and sick time requirements, employers will be required to provide 32 hours of unpaid safe and sick time to covered employees immediately upon hire and at the start of each calendar year. Like paid safe and sick time, there is no waiting period for use.

Employers may impose a minimum usage increment of up to four hours per day and must separately track and report both paid and unpaid time balances to comply with ESSTA’s notice and recordkeeping requirements.

If an employee needs time off for a reason covered by safe and sick time, it should be assumed that the employee wants to use available paid sick time unless the employee advises otherwise.

ESSTA Expanded Permitted Uses

The amendments broaden the qualifying reasons for using safe and sick time under ESSTA:

• Caregiving: Employees who qualify as “caregivers” may use safe and sick time to care for a minor child or a “care recipient,” as defined by ESSTA.
   
• Pursuit of subsistence benefits or housing: Safe and sick time may be used to attend or prepare for legal proceedings or take necessary actions related to applying for, maintaining, or reinstating subsistence benefits or housing for the employee, a family member, or a care recipient.
   
• Workplace violence: Employees may use safe and sick time for purposes of meeting with a legal or social service provider and taking other protective actions if they or a family member were victims of workplace violence (defined as an act or threat of violence against an employee that occurs in the workplace). 
   
• Public disasters: Safe and sick time may be used when a “public disaster” results in:

1. Closure of the employee’s workplace.
2. The employee’s need to care for a child whose school or childcare provider is closed or restricted in-person operations.
3. A directive from public officials to remain indoors or avoid travel. 

“Public disaster” includes events such as fires, explosions, terrorist attacks, severe weather, or other emergencies declared by the U.S. president, New York governor, or New York City mayor.

Codification of Paid Prenatal Leave into ESSTA

The amendments formally incorporate the New York City Department of Consumer and Worker Protection’s rule aligning ESSTA with New York State’s paid prenatal leave requirements. The prenatal leave requirements were enacted as an amendment to the state sick leave law effective as of Jan. 1, 2025. This codification reinforces employer obligations to provide 20 hours of paid prenatal leave during a 52-week period to eligible employees, which is in addition to paid and unpaid safe and sick time, and clarifies that violations are subject to ESSTA’s existing penalties.

Employers may set a minimum usage increment of one hour for prenatal leave and must ensure compliance with all notice and recordkeeping requirements. New for employers include:

• The obligation to modify their current policy to detail the ESSTA’s prenatal leave entitlements and promulgate that revised policy to all new hires and current employees within 14 days of the policy’s effective date.
   
• The obligation to distribute and post the New York City Department of Consumer and Worker Protection’s updated prenatal leave notice. This obligation includes physically posting the notice at the workplace along with distribution to new hires and to current employees when their rights change. The employer must maintain records of the distribution of these notices.
   
• The obligation to detail (i) the amount of paid prenatal leave used during a pay period and (ii) the total balance of remaining prenatal leave available for use in the 52-week period for each pay period in which an employee uses prenatal leave.

Reduction of Temporary Schedule Change Act Obligations

Most obligations under the TSCA have been removed or scaled back.

Previously, employers were required to approve up to two temporary schedule changes annually for personal events. These events are now covered under ESSTA’s expanded leave provisions.

While employees may still request temporary schedule changes, employers are no longer obligated to approve them but can approve, deny, or propose an alternative to such a request. An employer must respond to an employee’s request as soon as practicable.

TSCA’s anti-retaliation protections remain in effect, safeguarding employees who make such requests.

Next Steps for Employers

Employers with employees working in New York City must review and update their policies and practices to ensure compliance with the new requirements effective Feb. 22, 2026.

The attorneys at Jackson Lewis are available to assist with questions regarding these amendments, update policies and procedures, and advise on best practices for your particular business to maintain compliance.