03/05/2026
Employer Risk Warning, Effective February 22, 2026:
Every NYC employer is required to offer more sick leave.
In addition to the current paid leave regulations, all NYC businesses will be required to offer an extra 32 hours of unpaid safe/sick time starting February 22, 2026. This time is frontloaded, which means that it is available at the beginning of the year and right away upon hire.
Total Time: Employees now receive 32 hours of unpaid safe/sick leave in addition to the 40 or 56 hours of paid safe/sick leave that are currently provided, depending on the size of the business.
Use: On the first day of the year and immediately upon hire, this 32-hour unpaid bank is available.
Separation: This unpaid time must be tracked and reported by employers independently of paid time.
Extension: In addition to adding 20 hours of independent paid prenatal leave, the Earned Safe and Sick Time Act (ESSTA) modifications broaden the definition of safe and sick leave to include attending court proceedings related to housing or utility concerns or providing care.
No Carryover: The 32 hours of unpaid leave do not roll over to the next year, in contrast to paid time.
Coverage: Almost all employers in New York City who employ people are subject to this law. By February 22, 2026, employers should update their policies to ensure compliance. They should also check for updated posters from the Department of Consumer and Worker Protection.
If you have any questions regarding this or any other labor and employment law issue, please contact an attorney at Franklin, Gringer, Cohen & Mosscrop, P.C. at 516-228-3131.
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