New York City employers should be prepared to provide expanded sick/safe time benefits in the new year. On September 25, 2025, the New York City Council approved a bill (the "Bill") that, if enacted, will broaden entitlements under the city's Earned Safe and Sick Time Act ("ESSTA"). The Bill now awaits Mayor Adams' signature. If signed, the law will become effective 120 days later.

Current ESSTA Requirements

Employers with 99 or fewer employees must provide employees with up to 40 hours of sick/safe time per year, while employers with 100 or more employees must provide up to 56 hours. Leave accrues at a minimum rate of one hour for every 30 hours worked. Except for employers with four or fewer employees and a net income under $1 million in the previous year, all leave taken under ESSTA must be paid.

Proposed Changes to ESSTA

Additional Reasons for Leave

In addition to using ESSTA leave for absences for illness, preventive care, care of a family member, or certain closures during a public health emergency, and/or as "safe time" for absences related to domestic violence, sexual offenses, stalking, or human trafficking, if the Bill is enacted, New York City employers will be obligated to provide sick/safe leave under the following circumstances:

• closure of the workplace, school, or childcare center by order of a public official due to a public disaster (defined to include events such as a fire, terrorist attack, or severe weather conditions);
• where a public official directs...

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