NYC Employers: Significant Earned Safe and Sick Time Act Expansions Take Effect on February 22, 2026

New York City has enacted sweeping amendments to the Earned Safe and Sick Time Act (“ESSTA”), signed into law on October 25, 2025, and effective February 22, 2026. These amendments significantly expand employee leave entitlements and impose new administrative and recordkeeping obligations for employers.

Key ESSTA Changes Employers Should Know:

1. Expanded Qualifying Reasons for Leave

ESSTA leave may now be used for a broader range of employee related circumstances, including:

• Caregiving for a minor child or care recipient.

• Housing- and subsistence-related proceedings.

• Workplace violence, including meetings with legal or social-service providers.

• Public disasters (e.g., fires, severe weather, declared emergencies) resulting in workplace or school closures or government travel restrictions.

2. Mandatory Front-Loaded Unpaid Safe and Sick Time

Employers must now provide 32 hours of unpaid safe and sick time to all covered employees (a) immediately upon hire (without the buffer of any waiting period) and (b) at the start of each calendar year thereafter. 

Unless an employee affirmatively elects otherwise, employers must presume that paid time is used before unpaid time. In this respect, paid and unpaid ESSTA time must be tracked separately, and unpaid time must be shown as a separate balance on your pay stub or online portal.

3. Codification of Paid Prenatal Leave

New York State’s requirement of 20 hours of paid prenatal leave per 52-week period is now formally incorporated into ESSTA. Employers must:

• Permit leave in one-hour increments.

• Update written policies and distribute them within 14 days.

• Post and distribute the NYC Department of Consumer and Worker Protection prenatal leave notice.

• Report prenatal leave usage and remaining balances on applicable pay statements.

Violations are subject to ESSTA’s enforcement and penalty provisions.

Employer Takeaway:

These changes require immediate attention to handbooks, payroll systems, supervisor training, and recordkeeping practices ahead of the February 22, 2026 effective date.

For guidance on updating workplace policies or ensuring compliance with ESSTA, please contact Jack Malley, Partner in KMWB’s Labor & Employment Practice Group, at jmalley@kuckermarino.com.

Media Contacts:

Briana Spariosu
Kucker Marino Winiarsky & Bittens, LLP
(212) 869-5030
bspariosu@kuckermarino.com