On September 25, 2025, the New York City Council approved major amendments to the NYC Earned Safe and Sick Time Act (ESSTA) and the Temporary Schedule Change Act (TSCA). The changes take effect February 22, 2026, and expand NYC employees’ rights to take both paid and unpaid leave for new categories of personal and family needs.
Legal Changes to NYC Safe and Sick Time
The NYC Council’s 2025 legislation (Int. 780-A) builds on the City’s long-standing earned sick and safe time requirements. The measure broadens the list of qualifying reasons for employees to take leave under ESSTA, while simultaneously repealing the separate Temporary Schedule Change Act and folding many of its protections into the ESSTA framework.
Under the new law, employees may use safe and sick time not only for their own or a family member’s illness, preventive care, or safe-time situations (such as domestic violence), but also for additional qualifying reasons, including:
- Providing care for a child or a care recipient;
- Attending a legal proceeding for subsistence benefits or housing;
- Responding to a public disaster; and
- Respond to workplace violence.
The New York City Department of Consumer and Worker Protection (DCWP) is expected to issue updated rules and forms before the February 2026 effective date to clarify how employers should apply these new qualifying reasons, particularly those involving “public disasters,” “workplace violence,” and care for “care recipients.”
Additional Unpaid Leave
Beyond the existing paid sick and safe time requirements, the amended NYC Earned Safe and Sick Time Act mandates that employers provide 32 hours of unpaid safe and sick time to every employee each year. This unpaid allotment must be made available upon hire and then front-loaded annually on each employee’s work anniversary or on a calendar-year basis.
The law thus introduces a new compliance complexity. Employers must now track both paid and unpaid safe/sick time balances for each employee in NYC.
Interaction with the Temporary Schedule Change Act
Currently, the TSCA allows employees to request temporary schedule changes for certain personal events. Beginning in February 2026, that separate law will be repealed. However, employees will continue to have the right to take time off for similar reasons through ESSTA. In practice, this simplifies administration by consolidating all short-term personal and family leave obligations into one statute.
Paid Prenatal Leave
The same legislation also introduces 20 hours of paid prenatal leave each year for employees covered by ESSTA. This addition is distinct from the City’s safe and sick time rules but appears in the same legislative package, signaling a broader City initiative to support family and reproductive health needs.
New York State law already separately requires 20 hours of paid prenatal leave annually. So the practical impact of this NYC amendment is likely to be minimal.
Compliance Steps for Employers
Employers operating in New York City should begin preparing now. Steps to take before the February 2026 effective date include:
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Review and update existing sick-leave and time-off policies to ensure the new qualifying reasons and unpaid-time provisions are included.
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Reconfigure payroll and HR systems to track both paid and unpaid ESSTA time separately.
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Train managers and HR staff on the expanded employee rights and the proper process for handling requests.
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Update required employee notices and postings once the DCWP issues revised forms and guidance.
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Coordinate state and city compliance, since the state NYS Paid Sick Leave Law still applies statewide.
Employers should monitor the DCWP’s Paid Safe and Sick Leave page for updated rules and required forms.
What Expanded NYC Earned Safe and Sick Time Means for Employers
The February 2026 changes mark the most sweeping update to New York City’s leave laws in several years. By expanding qualifying reasons, introducing an unpaid component, and integrating temporary schedule change rights into ESSTA, the City has created a unified framework for short-term employee absences.
Although this amendment applies only to NYC, employers elsewhere in the state should take note. The NYS Legislature has often followed NYC’s lead on similar workplace requirements. Remember, NYC had paid sick leave first before it was mandated statewide.
Employers who act early by revising policies, updating systems, and training supervisors will be well-positioned to comply and avoid penalties once the new law takes effect.
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