NYC Expands Earned Safe and Sick Time Rules, Adds New Employer Requirements
All New York City employers must update their policies and practices to comply with new expanded leave entitlements, mandatory 32-hour unpaid leave bank requirements, and strengthened recordkeeping rules under the amended Earned Safe and Sick Time Act, which took effect July 23, 2026.
The New York City Department of Consumer and Worker Protection finalized amendments to the Earned Safe and Sick Time Act (ESSTA) after a public comment period, effective July 23, 2026. Key updates expand eligible leave reasons to include caring for children or care recipients, attending legal proceedings, addressing housing or subsistence benefit issues, responding to public disasters, and reacting to workplace violence. A new mandate requires employers to provide a separate 32-hour bank of immediately available protected unpaid leave to all employees on their first day of work and at the start of each calendar year, with unused hours required to be restored for employees rehired in the same year. The rules also confirm a separate 20-hour paid prenatal leave bank, require paid leave to be applied before unpaid leave unless an employee requests otherwise, and strengthen requirements for written policies, pay statement disclosures, and recordkeeping. All NYC employers should review and update their ESSTA policies, distribute revised staff notices, and adjust payroll and recordkeeping systems to ensure compliance.