Key Points

• NYC Earned Safe and Sick Leave Act (ESSTA) Amendments Now in Effect: As of Feb. 22, 2026, all New York City employers must comply with significant changes to the ESSTA, including new requirements for employee notice distribution, pay stub disclosures of leave accrual and usage, and updated written leave policies that reflect expanded permissible uses such as public disasters, care for minor children and workplace violence.
• DCWP FAQ Signals Broad Enforcement of NYC Sick Leave Law: The NYC Department of Consumer and Worker Protection's updated FAQ interprets the ESSTA expansively, advising that protected time off may apply to situations not explicitly listed in the statute, including bereavement-related mental health conditions, extreme weather illnesses, and post-pregnancy recovery. Employers should exercise caution when denying leave requests.

Several changes to the New York City Earned Safe and Sick Leave Act (ESSTA) took effect on Feb. 22, 2026, impacting all New York City employers and businesses.

Concurrently, the New York City Department of Consumer and Worker Protection (DCWP) updated its Frequently Asked Questions (FAQ) page, setting forth its interpretation of the ESSTA amendments and providing guidance on how employers should comply. The FAQ describes steps employers must take now to ensure compliance with the ESSTA and suggests that the DCWP will take a broad interpretation of the ESSTA when enforcing the law.

For details on changes to the ESSTA,...

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