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Wednesday, December 3, 2025

New York City Publishes Updated FAQs for Earned Safe and Sick Time Act - JD Supra

On September 26, 2024, New York City published updated frequently asked questions (FAQs) for the New York City Earned Safe and Sick Time Act (ESSTA) in light of the New York City Department of Consumer and Worker Protection’s (DCWP) adoption of the October 2023 amended rules and the January 2024 law creating a private right of action for ESSTA violations.

While the FAQs provide some clarification and guidance regarding the amended rules and processes and procedures in pursuing a private right of action, they also leave some questions unanswered. In addition, the FAQs provide guidance on topics that were not included in the amended rules, including outlining possible additional uses of safe and sick leave that were not explicitly contemplated.

Quick Hits

  • On September 26, 2024, New York City released updated FAQs for the Earned Safe and Sick Time Act (ESSTA) to address the October 2023 amended rules and the January 2024 law allowing private rights of action for ESSTA violations.
  • The updated FAQs clarify and provide guidance regarding the amended rules, processes, and procedures in pursuing a private right of action, while also leaving some questions unanswered.
  • The updated FAQs provide guidance on additional topics regarding written safe and sick leave policies and additional uses of leave for weather-related health conditions and funerals.

Telecommuting and Remote Employees

With the advent of remote work and telecommuting, the amended rules clarify that an employee who...



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