New York City Adopts Expansion to Safe and Sick Leave Requirements

Quick Hits

• On October 25, 2025, New York City adopted a measure that amends the ESSTA to incorporate the requirements under New York City’s Temporary Schedule Change Law.
• The law expands covered reasons to take ESSTA.
• The law adds a separate bank of thirty-two hours of unpaid ESSTA in addition to the forty or fifty-six hours already provided under the ESSTA.
• The law goes into effect on February 22, 2026.

Overview of the New Requirements Under the ESSTA

The new requirements under the ESSTA include those that expand covered reasons to use ESSTA to include:

• the personal events covered under the Temporary Schedule Change Law;
• closures of employees’ place of business or employees’ need to care for children whose schools or childcare providers have been closed due to a public disaster, including a fire, explosion, terrorist attack, or severe weather conditions that are declared a public emergency;
• public official directives to stay indoors or avoid travel during a public disaster that would prevent employees from reporting to work; and
• time to seek legal and social services assistance or take other safety measures if the employee or a family member is a victim of workplace violence.

In addition, the law adds a separate bank of thirty-two hours of unpaid safe and sick leave, which is available immediately upon hire and can be used immediately. The bank of thirty-two hours of unpaid leave replaces the two days that employers were required to provide under the temporary schedule change law. However, employees can still request temporary changes to their work schedules, subject to employer approval.

Next Steps

Employers in New York City or with employees in New York City may wish to review all leave-related policies and procedures and make any necessary revisions and updates based on the new requirements under the ESSTA, including providing a separate bank of unpaid safe and sick time upon hire and at the beginning of each year. Employers may also want to review with and train supervisors and human resources professionals to ensure compliance and update existing practices to align with the above requirements.

Ogletree Deakins’ New York office and Leaves of Absence/Reasonable Accommodation Practice Group will continue to monitor developments and will provide updates on the Leaves of Absence and New York blogs.

In addition, the Ogletree Deakins Client Portal provides subscribers with timely updates on New York City’s ESSTA requirements. Premium-level subscribers have access to updated policy templates for New York. Snapshots and Updates are complimentary for all registered client users. For more information on the Client Portal or a Client Portal subscription, please email clientportal@ogletree.com.

Jamie Haar is of counsel in the New York office of Ogletree Deakins.

Emily A. Hall is a 2025 graduate of the Cardozo School of Law and is currently awaiting admission to the State Bar of New York.

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