Significant updates to New York City’s Earned Safe and Sick Time Act (ESSTA) took effect on February 22, 2026, and they directly expand the leave rights and protections available to employees working in any of the five boroughs. One of the most important changes is the creation of a mandatory bank of 32 hours of unpaid safe and sick leave, which must be provided to employees immediately upon hire and at the beginning of each calendar year. This unpaid leave is entirely separate from—and in addition to—the 40 to 56 hours of paid safe and sick time that employees already receive under ESSTA. Employers are required to track and display both paid and unpaid leave balances on each pay statement, ensuring transparency for workers, although unused unpaid hours do not carry over from year to year.
The amendments also broaden the circumstances under which employees may use either paid or unpaid leave. Employees may now use leave to care for a minor child or other covered care recipient, to attend or prepare for hearings related to public assistance or housing benefits, to respond to public emergencies or mandated closures, and to address incidents of workplace violence. The law also formally incorporates 20 hours of paid prenatal leave into New York City’s framework, aligning it with state requirements and granting employees clearer access to pregnancy‑related time off.
Because these changes create new rights for workers, employees should expect their employers to update leave policies, pay stub formats, and internal procedures to meet the new standards. The City’s Department of Consumer and Worker Protection will expect employers to maintain accurate records and clearly separate each type of leave on pay statements, and even minor technical errors—such as failing to reflect the new unpaid leave bank—may expose employers to penalties. For employees, these updates mean greater clarity, more comprehensive protections, and expanded flexibility when handling medical, family, safety, or emergency needs.