New York City’s Department of Consumer and Worker Protection has formally adopted amended rules related to NYC’s Earned Safe and Sick Time Act (ESSTA), effective July 23, 2026.
These updated rules modify definitions, documentation and notification requirements, and enforcement procedures concerning the leave policies of employers with employees in New York City. The rules additionally require employers to provide employees with 32 hours of immediately available protected leave under certain circumstances. Employers should review their policies, handbooks, payroll systems, and manager practices to ensure timely compliance with these amendments.
The ESSTA requires employers to provide New York City-based employees with time off for health- and safety-related reasons, known as “safe/sick time.” The ESSTA provides accrual mechanisms for determining how much paid leave to provide employees based on the size of the employer. In February 2026, the New York Legislature amended the ESSTA, expanding the authorized reasons for using safe/sick time, and requiring employers to provide an additional 20 hours of paid prenatal leave in any 52-week period and 32 hours of immediately available unpaid leave at the time of hire and on the first day of every calendar year.
The department is responsible for implementing rules to enforce the ESSTA. Accordingly, effective July 23, 2026, the department amended its rules to align with the ESSTA’s amendments and provide clarification concerning...
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