NYC Earned Safe and Sick Time Rules
As noted earlier this year in FranklyHR, the Earned Sick and Safe Time Act (ESSTA) was amended effective February 22, 2026. New York City’s Department of Consumer and Worker Protection’s (“DCWP”) recently implemented final rules for July 23, 2026. Here is what the law requires:
32 hours of unpaid protected time off—frontloaded on the first day of employment and the first day of each calendar year, in addition to existing accrued paid sick/safe leave of 40 hours for employers with 5–99 employees; 56 hours for 100+. Unused unpaid hours from the 32-hour bank do not carry over to the following year. This 32-hour protected time off replaces the old Temporary Schedule Change Act (“TSCA”) two-day guarantee.
Expanded covered uses for protected time off—employees may use leave to care for a child or care recipient; to attend legal proceedings or take actions related to housing or subsistence benefits; to respond to a public disaster, and workplace violence. These are additional to the existing sick time and safe time purposes.
New terminology —“safe/sick time” should now be referred to as “protected time off.” Employers must also provide 20 hours of paid prenatal leave which mirrors New York state requirements.
You can learn more about the DCWP final rules here.