New York City’s Department of Consumer and Worker Protection (DCWP) has adopted final rules implementing recent amendments to the Earned Safe and Sick Time Act (ESSTA) enacted by Local Law No. 145. The final rules are set to take effect on July 23, 2026.

Quick Hits

• New York City’s final rules for the amended ESSTA align with new requirements that employers provide an additional thirty-two hours of unpaid protected time off immediately upon hire and at the beginning of each calendar year.
• The final rules clarify that “protected time off” includes both paid and unpaid time for various circumstances, such as caring for a disabled household member or attending legal proceedings related to benefits.
• Employers must maintain detailed records of protected time off usage and ensure compliance with state and federal wage laws, including documentation of both paid and unpaid time.

The final rules, published via a Notice of Adoption, follow a public comment period on proposed rules released on January 22, 2026. The rules amend Subchapter B of chapter 7 of Title 6 of the Rules of the City of New York, implementing the statutory amendments to Administrative Code Section 20-912 adopted under Local Law No. 145 of 2025. That law, which took effect on February 22, 2026, requires employers to make an additional thirty-two hours of unpaid protected time off immediately available upon hire and on the first day of each calendar year.

The final rules largely track the January proposed rules...

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