Employees who work in New York City enjoy some of the most expansive sick and safe leave benefits in the nation. On February 22, 2026, those benefits will become even better for workers.
Since 2018, New York City employees have been able to earn either 40 or 56 hours of time off (for employers with more than 100 people) for qualifying sick and safe leave, subject to the size of the employer.
Under NYC’s Earned Sick and Safe Time Act (the “ESSTA”), employees earn at least one hour of sick/safe leave (“SSL”) for every 30 hours they work. Unless the employee works for a company with four or fewer employees and has gross revenue of less than $1 million per year, SSL earned under the ESSTA is paid at the employee’s regular rate of pay.
The New York City Council amended the ESSTA, and beginning February 22, 2026, in addition to the 40 or 56 hours of paid SSL, every worker will also receive 32 hours of unpaid SSL on the first day of employment for use in the year of hire and 32 hours at the start of each subsequent calendar year. Once implemented, employees may utilize up to 72 hours (or 88 hours for larger employers) of SSL each calendar year.
The ESSTA amendment does not modify the minimum 30:1 accrual rate for paid SSL or the employer’s right to set a minimum of up to 4 hours per use of SSL, but it does relieve employers of their obligation to approve temporary schedule changes under NYC’s Temporary Schedule Change Law.
Once the amendment goes into effect on ...
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