New York City Amends Earned Safe and Sick Time Act and Temporary Schedule Change Act

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2026: New York City Amends Earned Safe and Sick Time Act and Temporary Schedule Change Act 

What Employers Need to Know

New York City is making significant updates to its leave laws that will impact every employer with even one employee performing work in the city. On October 25, 2025, the NYC Council amended both the Earned Safe and Sick Time Act (ESSTA) and the Temporary Schedule Change Act (TSCA), expanding employee protections while consolidating employer obligations. These changes go into effect on February 22, 2026.

For organizations operating in or hiring within NYC, the next few months are critical for updating policies, communication materials, payroll practices, and manager training.

This blog outlines what is changing, why it matters, and how employers can prepare.

Who Is Affected?

All employers with one or more employees performing work in New York City.

Key Amendments to ESSTA

Expanded Reasons for Safe and Sick Leave

Under the updated ESSTA rules, employees may now use leave for the following additional reasons:

Caregiving responsibilities.
Time off to care for a minor child or care recipient when the employee is the primary caregiver.

Legal and housing-related proceedings.
Leave related to subsistence benefits, housing matters, and proceedings involving the employee, a covered relation, or a care recipient.

Response to declared public disasters.
When a disaster is declared by federal, state, or local officials, employees may use leave for:
• Workplace closures
• Childcare or school closures
• Official travel or stay-at-home directives preventing them from reporting to work

Workplace violence.
Leave to meet with legal or social service providers, seek protection, or take related actions if the employee or a family member is a victim of workplace violence.

New Requirement: 32 Hours of Unpaid Safe and Sick Time

Employers must now provide an additional 32 hours of unpaid safe and sick leave, which must be:

• Available immediately upon hire
• Front-loaded on the first day of each calendar year
• Separate from existing ESSTA paid leave
• Not carried over from year to year

This new unpaid leave bank represents one of the most substantial changes employers must implement.

Changes to the Temporary Schedule Change Act (TSCA)

The introduction of the 32 hours of unpaid ESSTA leave replaces the TSCA requirement to provide two guaranteed temporary schedule changes per year.

Employees may still request temporary schedule changes, but employers are no longer mandated to approve them. Employers must respond promptly and may propose alternative accommodations.

Paid Prenatal Leave Incorporation

The amendments also integrate requirements for at least 20 hours of paid prenatal leave, aligning city law with existing New York State standards. This applies to all employees expecting a child, regardless of tenure.

Required Employer Actions

To comply by the February 22, 2026 effective date, employers should take the following steps:

1. Update Policies and Procedures

Revise ESSTA policies to reflect:
• Expanded eligibility reasons
• The new 32-hour unpaid leave requirement
• Elimination of mandatory TSCA schedule change approvals

Employers must track usage of unpaid safe and sick time for each employee annually.

2. Post and Distribute Updated Notices

When the NYC Department of Consumer and Worker Protection (DCWP) releases updated notices, employers must:

• Post the Safe and Sick Leave and Temporary Schedule Change notices in the workplace
• Distribute updated written notices to employees:
– Upon hire
– When rights change
– In English and, if available, the employee’s primary language
• Maintain records of employee acknowledgment

Notices will be made available via Poster Compliance Center (PCC) and TriNet’s digital compliance libraries.

3. Train Leaders and Employees

Ensure HR, managers, and employees understand the new rules, especially:
• Expanded permissible leave reasons
• Changes to schedule-change obligations
• How unpaid leave interacts with existing paid ESSTA leave
• Paid prenatal leave requirements

4. Review Paid Prenatal Leave

Confirm alignment with the July 2, 2025 prenatal leave requirements now incorporated into ESSTA.

Why This Matters

These amendments are designed to streamline NYC’s leave laws while expanding protections during key personal and family events. For employers, the changes require careful planning, clear communication, and updated documentation to avoid compliance gaps and potential penalties.

Need Help Updating Your Policies for 2026?

If your organization needs support updating leave policies, revising employee handbooks, communicating changes, or training managers, I can help.

Through BizCoachGurus, I support employers with HR compliance, people operations, and workforce planning to ensure smooth adoption of new mandates like these.

Contact me at BizCoachGurus for a policy review, compliance audit, or tailored advisory support.

LETS CHAT!  Book a free 15-minute call

📩 Email: BizCoachGurus@gmail.com
📞 Call: 347-693-3399
🌐 Visit: www.BizCoachGurus.com

Location: New York, NY, USA

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