Effective February 22, 2026, New York City employers must provide employees with an additional 32 hours of unpaid Sick/Safe leave, which is available for use immediately upon hire.

Depending on employer size, New York City employees were previously entitled to accrue up to 56 hours of paid leave annually.  The new amendment to the New York City Earned Safe and Sick Time Act (ESSTA) now also provides that employees will receive 32 hours of unpaid leave in addition to those previous entitlements.  

The 32 hours of unpaid leave must be available for an employee’s use immediately upon hire.  While any unused time need not be rolled over from year to year, employers must front load 32 hours of unpaid time each calendar year. 

In addition to the new unpaid sick leave entitlement, the New York City law broadens the list of permitted reasons that employers must permit employees to use sick/safe time to include severe weather events, workplace violence, caregiving for children during school closures and to attend proceedings or hearings for housing or other public benefits.

Employers must provide new written notice of the availability of protected time, which is available here: Notice of Employee Rights: Protected Time Off

New York City employers should also note that the amendments formally incorporate New York State’s paid prenatal leave allotments, which mandates that employers provide 20 hours of paid parental leave per year. 

Finally, employers are no longer obligated to approve up to two temporary schedule changes under the Temporary Schedule Change Act.  While employees may still request temporary schedule changes, employers can choose to approve or deny such requests.

Given the new revisions to the ESSTA, New York City employers should ensure their sick leave policies are appropriately updated.  Please contact a member of the Nelson Mullins Labor and Employment Group if you have any additional questions.