New York City employers should prepare to comply with additional changes to the Earned Safe and Sick Time Act (ESSTA) and the Temporary Schedule Change Act (TSCA).
Effective February 22, 2026, employers can expect new unpaid sick and safe leave obligations, expanded reasons for use of sick and safe time, and narrowed temporary schedule change obligations.
Key Changes
Additional Sick/Safe Time
Employers must provide at least 32 hours of unpaid sick and safe leave in addition to existing paid sick and safe time. Under existing ESSTA requirements, employers must provide 40 or 56 hours of paid sick and safe time per year to employees in New York City depending on employer size. Employees can use time under ESSTA as “sick time” for absences for illness, preventive care, care of a family member, or certain closures during a public health emergency, or as “safe time” for absences related to domestic violence, sexual offenses, stalking, or human trafficking.
The amended ESSTA adds a separate 32 hours of unpaid sick and safe time available immediately at hire and at the start of each calendar year. Employees may use this unpaid leave for all existing ESSTA purposes as well as the newly expanded ESSTA purposes discussed below…