UPDATE: The amendments were enacted on October 25, 2025 and will take effect on February 22, 2026. Employers should prepare for compliance ahead of the effective date (see Employer Takeaways below).
On September 25, 2025, the New York City Council approved amendments to the city’s Earned Safe and Sick Time Act (ESSTA). The legislation – currently pending Mayor Adams’ signature – would incorporate additional qualifying reasons for leave, introduce new leave entitlements, and transfer schedule change obligations from the city’s Temporary Schedule Change Act (TSCA) to the ESSTA. Let’s take a look at what stands and what stands to be changed under the pending amendments.
Current Requirements Under the ESSTA
Currently, the ESSTA requires covered employers to provide employees with safe and sick leave (SSL) for the following reasons:
- To care for their own or a family member’s illness, injury, or health condition
- To seek legal or social services assistance, or take safety measures, if the employee or a family member is the victim of domestic violence, unwanted sexual contact, stalking, or human trafficking
- To care for a child whose school or childcare provider is closed due to a public health emergency
- For the employee’s workplace closure due to a public health emergency
The amount of leave required and whether it is paid depends on the employer’s size and net income, as follows:
- Employers with at least 100 employees must provide up to 56 hours of paid SSL each calendar year
- Employers with 5 to 99 employees must provide up to 40 hours of paid SSL each calendar year
- Employers with less than five employees with a net income of less than $1 million must provide up to 40 hours of unpaid SSL each calendar year
- Employers with at least one domestic worker must provide up to 40 hours of paid SSL each calendar year
- Employers with at least 100 domestic workers must provide up to 56 hours of paid SSL each calendar year
Current Requirements Under the TSCA
Currently, employers must allow employees to take two temporary schedule changes per calendar year for “personal events,” including a caregiving emergency for a minor child or care recipient; to attend a legal proceeding for subsistence benefits for the employee, family member, or care recipient; or for any qualifying reason under the ESSTA.
Changes Under the ESSTA Amendments
If signed, the amendments would expand the qualifying reasons to take leave, broaden leave entitlements, and shift obligations under the TSCA to the ESSTA.
New Qualifying Reasons
In addition to the current list of qualifying reasons, the amendments would permit SSL for these additional reasons:
- Closure of an employee’s workplace due to a public disaster
- Directives by a public official to remain indoors or avoid travel due to a public disaster
- To care for a child whose school or childcare provider is closed or has restricted in-person operations due to a public disaster
- To provide care for a minor child or care recipient
- To seek legal services or assistance, or take safety measures, if the employee or their family member is a victim of workplace violence
- To attend or prepare for a legal proceeding related to subsistence benefits or housing to which the employee, their family member, or care recipient is a party, or to take actions to apply for, maintain, or restore such benefits
Additional Leave Entitlements
The amendments also create new leave entitlements for employees, as follows:
- Employers must provide to employees, upon hire and on the first day of each calendar year, 32 hours of unpaid SSL available for immediate use
- In addition to required SSL, employers must provide 20 hours of paid prenatal leave during any 52-week calendar period, consistent with state law
TSCA “Personal Events” Covered Under ESSTA
Under the amendments, unpaid SSL would replace the two temporary schedule changes provided under the TSCA. While employees may still request temporary schedule changes, employers are no longer required to grant the changes. However, employers must respond to the request as soon as practicable, and employees are still protected against retaliation for requesting the change.
Employer Takeaways
The legislation is currently pending the Mayor’s signature. If signed, the amendments will take effect 120 days thereafter. To prepare for the anticipated changes, employers should take the following steps:
- Revise safe and sick time policies to reflect the new requirements
- Take steps to implement new leave entitlements
- Train appropriate personnel on the new requirements and entitlements
- Stay tuned for updated notices and workplace postings
| If you have any questions related to the amendments, or need assistance reviewing safe and sick time policies, please reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100. |