Amendments to New York City’s Earned Safe and Sick Time Act (ESSTA) took effect on February 22, 2026. Here’s what you need to know.
Key Takeaways:
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Recent amendments to New York City’s Earned Safe and Sick Time Act (ESSTA) took effect on February 22, 2026.
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The amendments expand the reasons employees can use safe and sick leave, including public disasters, workplace violence, and legal proceedings related to subsistence benefits or housing.
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Employers are now required to provide a separate bank of at least 32 hours of unpaid leave to new hires immediately and post a Notice of Rights by March 8, 2026.
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Employers should update policies, communicate changes to staff, train managers, and regularly audit leave usage to ensure compliance with the amended law.
What Is ESSTA?
ESSTA was introduced in 2014 to make sure that workers could take time off for their own health needs, to care for a family member, or for safety reasons related to domestic violence, sexual assault, stalking, or human trafficking.
The law’s origins reflect a commitment to protecting the health, safety, and wellbeing of employees while outlining clear compliance responsibilities for businesses.
What Are the ESSTA Amendments?
Employees can now use safe and sick leave for:
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Workplace, school, or childcare provider closures due to a public disaster (fire, explosion, terrorist attack, severe weather conditions, or other declared public emergencies).
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Compliance with public official directives to remain indoors or avoid travel due to a public disaster.
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Seeking legal or social services or taking other safety measures if the employee or their family member is a victim of workplace violence.
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Providing care to a minor child or care recipient.
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Attending or preparing for legal proceedings related to subsistence benefits or housing — or taking actions necessary to apply for, maintain, or restore such benefits.
This list is in addition to the original eligible reasons employees can use ESSTA leave. Read more about sick and safe leave laws.
Employer Imperatives Post-Amendments
Employers must now provide a separate bank of at least 32 hours of unpaid leave. New hires must be provided with this time immediately. Notice of Rights should have been posted by March 8, 2026.
Next Steps
In addition to updating policies and procedures, employers should review and revise employee handbooks, communicate the expanded leave rights to staff, and train managers on the new requirements to safeguard compliance and support for affected employees.
Regular audits and documentation of leave usage may also help mitigate risks and demonstrate good faith efforts to adhere to the amended ESSTA provisions. Finally, be sure you’re in compliance with additional New York labor laws.
