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Client Alert: Ghost the Old Policies: New NYC Sick Leave Rules Employers Need Now

Q: What happened? On October 25, 2025, New York City enacted Int. 780-A, amending New York City’s Earned Safe and Sick Time Act (“ESSTA” or “Sick/Safe Leave Law”) and aligning it with New York City's Temporary Schedule Change Act (TSCA). The law expands the permissible uses of ESSTA leave, adds a new front-loaded allotment of unpaid safe/sick time, clarifies documentation, confidentiality, and pay-statement rules, and restructures TSCA so employees retain the right to request temporary schedule changes but no longer have two guaranteed TSCA days.[1]

Q: What does the law require?

• Expanded ESSTA uses: Employees may use safe time to care for a minor child or “care recipient” where the employee is a caregiver; to initiate/attend/prep for legal proceedings related to subsistence benefits or housing to which the employee, the employee’s family member, or the employee’s care recipient is a party; or to take actions necessary to apply for, maintain, or restore subsistence benefits or shelter for the employee or their family member or care recipient; for such employee’s need to care for a child whose school or childcare provider has restricted in-person operations by order of public official due to public disaster; or because of direction by a public official to remain indoors or avoid travel during a public disaster which prevents such employee from reporting to their work location. Definitions of “caregiver,” “care recipient,” “minor child,” “public disaster,” and “workplace violence” are added. Existing sick-time uses remain. Safe leave may also be used by the employee when the employee is a victim of workplace violence.
• Accrual caps unchanged: At least 1 hour per 30 hours worked, up to 40 hours per calendar year (for employers with 5 to 99 employees) or up to 56 hours (employers with 100 or more employees); employers with four or fewer employees and net income of at least $1 million (up to 40 hours paid sick/safe leave); employers with four or fewer employees and net income less than $1 million (up to 40 hours unpaid sick and safe leave).
• New front-loaded unpaid time: An additional 32 hours of unpaid safe/sick time must be made available immediately upon hire and again on the first day of each calendar year. Unused hours under this 32-hour bucket do not carry over to the following calendar year.
• TSCA alignment: The TSCA’s guaranteed two business days are replaced by the 32 hours of unpaid ESSTA time. Employees may still request temporary changes; employers must respond as soon as practicable, but are not required to agree. Employers may propose an alternative temporary change.
• Paid prenatal leave: Employers must provide 20 hours of paid prenatal leave during any 52-week period, administered under DCWP rules, in addition to any paid sick/safe leave.
• Notice and pay-statement rules: Employers must provide and post updated notices of employee rights. Each pay period, employers must show ESSTA accrued/used and balances available for use under ESSTA.
• Expanded Documentation and confidentiality: Reasonable documentation may be required after more than 3 consecutive workdays, but employers cannot require disclosure of the underlying condition/situation. In addition to the prior sources of acceptable documentation under the ESSTA, an employer may now require reasonable documentation signed by a volunteer of a legal or social services provider, court or government agency, school or care provider, or an agency record. Employers must reimburse reasonable costs for required documentation and maintain confidentiality.
• Reasonable minimum increments: Employers may set a reasonable minimum increment of up to 4 hours per day for ESSTA safe/sick time and one hour per day for prenatal personal care leave.

Q: When was it enacted and when does it take effect? The law was enacted on October 25, 2025. The law takes effect 120 days thereafter (i.e., February 23, 2026).

Q: Who enforces the law? The New York City Department of Consumer and Worker Protection (DCWP), through the Commissioner, enforces ESSTA and these amendments, including rulemaking, notice templates, investigations, and penalty assessments.

Q: What should employers do now? 

• Update policies and handbooks to add the new ESSTA use cases and the 32 hours of front-loaded unpaid safe/sick time.
• Ensure wage statements/paystubs reflect per-pay-period ESSTA accrual, usage, and available balances for the ESSTA.
• Replace TSCA’s two guaranteed days with the new unpaid ESSTA allotment; retain a process to receive and promptly respond to temporary schedule change requests.
• Train managers and HR on documentation requirements and limits, confidentiality, required reimbursement of documentation costs, anti-retaliation, and scheduling rules.
• Post and distribute DCWP’s updated notices of employee rights of sick/safe/prenatal personal care leave in required languages and confirm pay-statement compliance.
• Calendar the effective date as 120 days post-enactment and stay alert for DCWP rulemaking/FAQs.

 
Please contact your Whiteford Labor & Employment attorney regarding any questions on these legal developments and to assist with updating policies and conducting employee training.