Legal development

November Tip of the Month: NYC Earned Safe and Sick Time Act Amended, Effective February 2026

    New York City’s Earned Safe and Sick Time Act (ESSTA) requires employers to provide safe and sick leave to New York City employees for a range of qualifying reasons.

    Depending on employer size, at present, employees may accrue and use either 40 or 56 hours of paid safe and sick leave annually. Effective February 22, 2026, however, employers will be required to provide an additional 32 hours of unpaid safe and sick leave to all employees, in addition to the above-noted allotments. The ESSTA amendments will also expand the qualifying reasons for which employees may use safe and sick leave, including for time needed to care for a minor. The amendments will also introduce new recordkeeping requirements. New York City employers should promptly review and update their sick and safe leave policies, procedures, and recordkeeping practices to ensure compliance with the ESSTA’s forthcoming amendments. 

    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.

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    Originally published before the Ashurst Perkins Coie combination. See disclaimer.