New York State and New York City enacted a host of new and amended employment laws between the end of 2025 and the beginning of 2026. The common thread among these laws is that each new law substantially expands the protections and rights of employees. As such, it is recommended that New York employers revise their policies and practices to stay compliant.
Effective February 22, 2026: Updates to NYC ESSTA
Recent amendments to the New York City Earned Safe and Sick Time Act (“NYC ESSTA”) have expanded the law in several significant respects. Prior to February 22, 2026, NYC ESSTA required that employers provide employees with one hour of paid sick leave for every 30 hours worked, up to 40 hours of paid time per year for employers with 99 or fewer employees, and up to 56 hours of paid time for employers with 100 or more employees, to be used for “sick” and “safe” related reasons as set forth in NYC ESSTA.
Under the NYC ESSTA amendment, effective February 22, 2026, New York City employers now must provide employees with an additional thirty-two (32) hours of unpaid safe and sick time on the first day of each calendar year (the calendar year may be designated by the employer). Employees are entitled to use the leave immediately after the time of hire, with the leave renewing at the beginning of each calendar year. Employers are not required to permit employees to carry over unused hours from one calendar year to the next.
This new bucket of 32 hours of unpaid leave has a...
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