New York City Expands Earned Sick Time Law
Recently, the New York City Earned Safe and Sick Time Act (ESSTA) was expanded. At Poulos LoPiccolo PC, we provide solutions-focused employment law representation in New York City. In this article, our New York City wage and hour attorney explains the key things that employers and employees know about the expanded earned sick time law.
Background: Earned Sick Time in New York City
In 2014, New York City enacted an earned sick time law (ESSTA). The law was expanded in 2020. Depending on employer size, eligible workers receive up to 40 or 56 hours of paid leave each calendar year to address their own illness or that of a family member, to seek legal or social-service assistance following violence or threats, or to respond to business-closure or public health emergency events. Recently, city legislators expanded the requirements for employers again.
Four Changes to the New York City ESSTA
- Employers Must Provide an Additional Bank for Unpaid Leave
The ESSTA allows employees at covered employers to bank paid leave. These companies are now also going to be required to provide an additional bank for unpaid leave. More specifically, employers must provide a separate bank of 32 hours of unpaid safe or sick leave for each employee. That bank becomes available immediately upon hire and each calendar year thereafter.
- Earned Leave Can Be Used for More Purposes
The list of reasons employees may use safe or sick time under ESSTA will expand. The law now explicitly covers time off to care for a minor child or a “care recipient” (a person with disability residing in the same household). Beyond that, it allows time off to attend or prepare for legal proceedings related to housing or subsistence benefits for the employee or that employee’s family member or care recipient. It also covers absences because of employer-worksite closure.
- More Clear Protections for Parental Leave
While the state law had already required up to 20 hours of paid prenatal leave during any 52-week period, the City’s amendments now embed that within ESSTA with specific obligations. Employers must maintain a separate written policy for paid prenatal leave, distribute it to employees, disclose the amount used and remaining balance on each pay stub.
- Collective Bargaining Protections
For unionized employers, the amendments clarify how collective bargaining agreements (CBAs) may alter or waive parts of ESSTA. They can do so only if they expressly reference ESSTA provisions, the benefits are comparable or superior, and the waiver is clear. Also, employers must update their notices of employee rights, posting and distribution, training, record-keeping, and leave systems.
Note: These changes will take effect in February of 2026.
Contact Our New York City Wage and Hour Lawyer Today
At Poulos LoPiccolo PC, our New York City wage and hour attorney has the experience that you can trust when it matters. If you have any questions or concerns about the New York City earned sick time law, we can help. Contact us today for a fully confidential case review. We provide wage and hour representation throughout New York City.
Source:
nyc.gov/site/dca/about/paid-sick-leave-law.page
