Takeaways
- Changes to the New York City Earned Sick and Safe Time and Temporary Schedule Change Acts take effect 02.22.26.
- The Earned Sick and Safe Time Act has been expanded to (i) formally codify the paid prenatal leave requirements into the local law, (ii) provide for additional unpaid time, and (iii) permit more reasons for use of time.
- The Temporary Schedule Change Act has been scaled back to remove most affirmative employer obligations other than to respond to an employee’s query about whether it is a grant or denial of the request or proposing an alternative option.
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Amendments to the New York City Earned Safe and Sick Time Act (ESSTA) and Temporary Schedule Change Act (TSCA) will take effect on Feb. 22, 2026.
The changes expand employee rights and increase employers’ safe and sick time compliance obligations but scale back employers’ obligations relating to temporary schedule changes.
The amendments were passed by the New York City Council and enacted into law on Oct. 25, 2025.
Expanded Sick and Safe Time Obligations
The ESSTA currently requires employers to provide safe and sick time to employees working in New York City for statutorily defined reasons. Depending on employer size, covered employees are entitled to accrue and use 40 hours or 56 hours of leave annually.
The recent amendments build upon these employee protections and introduce several substantive changes that employers should review carefully.
ESSTA Mandatory Front-Loaded Unpaid...
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