The New York City Earned Safe and Sick Time Act (“ESSTA”) is expanding. On October 25, 2025, the ESSTA was amended to provide additional benefits to employees. These amendments go into effect on February 22, 2026, and will require covered New York City employers to adjust practices and leave policies in several key areas, including: (i) employers must grant an additional 32 hours of unpaid leave to new employees upon hire and to all employees at the beginning of each benefit year; and (ii) employers must comply with a broader range of reasons for which employees can use time under ESSTA.
New Unpaid Leave Entitlements
The amended ESSTA requires employers to provide employees with a minimum of 32 hours of unpaid safe/sick time immediately upon hire, as well as to “frontload” this time at the start of each new benefit year. Employees may use this unpaid safe/sick time immediately upon receipt. Furthermore, if an employee requests time off for a purpose covered by safe/sick time, the employer must provide paid safe/sick time unless the employee has no such time available or specifically requests to use other available leave in lieu of paid safe/sick time. Unlike paid sick time, under the amended ESSTA, employers are not required to carry over unused unpaid safe/sick time from one benefit year to the next. The amended ESSTA requires unpaid safe/sick time to be reported on pay statements or otherwise documented in writing to employees each pay period…