NYC Sick/Safe Leave and Schedule Change Laws Are Changing — What Employers Need to Know

On February 22, 2026, New York City implemented major reforms to the Earned Safe and Sick Time Act (ESSTA) and modified the existing Temporary Schedule Change Act (TSCA). These changes expanded employee rights while changing employers’ obligations in meaningful ways.  

Expanded Sick and Safe Leave Under ESSTA 

New Unpaid Safe/Sick Time Entitlement 

Under the updated law, employers must provide an additional 32 hours of unpaid safe and sick leave for every covered employee. This unpaid leave is frontloaded — meaning it becomes available for immediate use at the time of hire and refreshes at the beginning of each calendar year. There is no waiting period – employees must be permitted to use this leave immediately.  

This new unpaid leave is in addition to the existing paid (or unpaid) sick and safe time that employers already must provide depending on the employer’s size. Employers may require a reasonable minimum increment of use — up to a maximum of four hours.  

Employers are also required to track and display leave balances — both paid and unpaid — on employee pay statements or other written documentation each pay period. Employers are not required to permit employees to carry over unused unpaid leave into the next calendar year.  

Broader Reasons Employees Can Use Leave 

In addition to the new unpaid leave requirement, the amendments significantly expand the circumstances under which employees may use paid or unpaid safe and sick leave. In addition to standard health-related reasons, the new law adds a range of covered reasons such as:  

• Caregiving for a minor child or care recipient, including ongoing direct care duties. 

• Handling legal matters or applying for subsistence benefits or housing, whether for themselves, a family member, or a care recipient. 

• Recovering from or responding to workplace violence affecting the employee or a family member. 

• Public disaster situations, including closures of the workplace or schools/childcare due to declared public emergencies or disasters, or when public officials direct people to stay indoors, which prevents reporting to work.  

Employers must ensure that their policies reflect each of these permitted uses.  

Paid Prenatal Leave 

The amendments formally incorporate paid prenatal leave requirements. Under this provision: 

• Employers must provide 20 hours of paid prenatal leave during a 52-week period to eligible employees. 

• This leave is in addition to paid and unpaid safe and sick time. 

• Employers may not require employees to use this leave in increments greater than one hour. 

All applicable notice and recordkeeping requirements apply. 

Changes to the Temporary Schedule Change Act (TSCA) 

Before these changes, the TSCA required employers to grant up to two temporary schedule change requests per year for qualifying personal events, such as caring for a dependent or handling important family needs. As of February 22, 2026, this obligation is eliminated.  

Under the updated law: 

• Employees may still request temporary schedule changes for personal reasons. 

• Employers are no longer required to approve these requests. 

• Employers must respond to such requests “as soon as practicable,” and they may propose alternatives if unable to grant the original request.  

While employers can deny a schedule change, they cannot retaliate against an employee for making a request. Protections against retaliation remain in force under the law.  

What Employers Should Do? 

Given the scope of these changes, employer preparation is essential. Employers should take the following steps to ensure compliance: 

Update Leave Policies and Employee Handbooks 

Start by revising all leave-related policies to incorporate: 

• The additional 32 hours of unpaid sick and safe leave. 

• Expanded permissible reasons for leave use. 

• Procedures for handling temporary schedule change requests.  

Upgrade HR and Payroll Systems 

Employers must modify their HR tracking systems to properly account for multiple leave banks (paid leave, unpaid leave, and prenatal leave) and to ensure that leave usage and balances are accurately reported to employees each pay period.  

Train Supervisors and HR Staff 

Training is critical so supervisors and HR personnel understand: 

• When and how leave may be used. 

• How to correctly handle schedule change requests and respond within a reasonable timeframe. 

• Anti-retaliation obligations.  

Communicate Clearly With Employees 

Employers must distribute updated notices and clearly communicate changes to employees immediately. This includes clarifying how leave banks work, how and when leave can be used, and how schedule change requests will be handled. Employers are required to maintain records showing that employees were notified of the new leave law. 

Why It Matters 

These amendments mark a significant shift in leave laws for New York City employers. New York City aims to provide workers with more flexible and equitable leave options without forcing automatic schedule adjustments.  

For employers, proactive planning will reduce compliance risk, support workforce stability, and ensure that leave policies align with evolving legal requirements.  

If you have any questions regarding these changes to NYC law, contact Rimon Law for assistance. 

This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates.