November 20, 2025

Changes Coming to NYC Sick Leave Law in February 2026

On October 25, 2025, the New York City Council enacted amendments to the New York City Earned Safe and Sick Time Act (“ESSTA”).  These amendments will expand the number of hours and uses of leave under ESSTA and eliminate current requirements under the New York City Temporary Schedule Change Act (“TSCA”).

Currently, under ESSTA, employers with 5 to 99 employees must provide up to 40 hours of paid sick and safe leave each calendar year, and employers with 100 or more employees must provide up to 56 hours of paid sick and safe leave each calendar year.  Eligible employees may use safe/sick leave for the care and treatment of themselves or a family member, to seek legal and social services assistance, or take safety measures if the employee or a family member is a victim of domestic violence or unwanted sexual contact, stalking, or human trafficking. 

Effective February 22, 2026:

1. Additional Unpaid Hours: Covered New York City employers must provide employees with 32 hours of unpaid safe and sick leave in addition to leave provided under ESSTA.  
2. Additional Permitted Uses: Eligible employees will be entitled to use ESSTA for additional reasons, including (i) to provide care as caregivers for a minor child or care recipient with a disability, (ii) to attend or prepare for a legal proceeding related to subsistence benefits or housing, (iii) when a public official directs people not to travel during a public disaster, or (iv) when an employee or a covered family member has been the victim of workplace violence.
3. End of TSCA Mandate:  Employers will no longer be required to provide unpaid leave under the TSCA. However, employees may still request temporary changes to their work schedule, subject to approval by their employer.

We anticipate that the NYC Department of Consumer and Worker Protection (DCWP) will publish FAQs/Guidelines to the amended ESSTA as we approach its effective date. 

Employers are encouraged to reach out to Charlotte Moriarty Pramer at cpramer@booklawllp.com or any Book Law LLP attorney with questions or concerns about their potential obligations under the amended New York City sick leave law or other employment laws.