Update Applicable to:	Effective Date
All Employers with Employees Working in New York City, Regardless of Size	February 22, 2026

What happened?

On October 25, 2025, New York City enacted Int. 0780-2024, amending the Administrative Code to align the Earned Safe and Sick Time Act (ESSTA) with the Temporary Schedule Change Law, which gives covered employees the right to request short‑term changes to their work schedule for defined personal events.

Overview

Why this matters: The law expands employee protections, introduces new employer obligations, scales back employer obligations under the Temporary Schedule Change Act, and replaces the two guaranteed “temporary change” days with 32 hours of unpaid safe/sick time, while preserving employees’ ability to request temporary schedule changes. This update significantly increases administrative complexity. Employers must add new leave banks, update policies, revise pay statements, and train HR teams to avoid penalties.

Action Steps for Compliance

Policy Updates Required:

• Add unpaid leave and expanded qualifying reasons.
• Include prenatal leave entitlements and distribute updated policies.

Notice & Posting Obligations:

• Post and distribute updated ESSTA and prenatal leave notices.
• Notices can be downloaded here

Recordkeeping:

• Maintain proof of notice distribution.
• Track and report paid, unpaid, and prenatal leave balances

Additional Information

1. Expanded Covered Reasons for Employers to Approve ESSTA Leave

• Personal events previously under the Temporary Schedule Change Law.
• Closures due to public disasters (fire, explosion, terrorist attack, severe weather).
• Stay-at-home directives during public disasters.
• Time to seek legal/social services or take safety measures if the employee or a family member is a victim of workplace violence.
• Caregiving for a minor child or care recipient.
• Legal proceedings related to subsistence benefits or housing.

Source: (§20-914)

2. New Leave Bank

• 32 hours of unpaid safe/sick time per year:

• Available immediately upon hire and at the start of each calendar year.
  • No waiting period for use.
  • Replaces the two mandatory schedule change days under the old law.
  • Employers may set a 4-hour minimum increment per day.
  • Must be tracked separately from paid leave.
  • No carryover required.

Source: (§20-913(k))

3. Paid Prenatal Leave Codified

• Employers must provide 20 hours of paid prenatal leave per 52-week period.
• Minimum increment: 1 hour.
• Separate from ESSTA leave bank – must be tracked independently.
• New compliance obligations:

• Update policies and distribute revised versions to all employees within 14 days of effective date.
  • Post and distribute updated notices from NYC Department of Consumer and Worker Protection.
  • Maintain records of notice distribution.
  • Show on pay statements:
    • Prenatal leave used during the pay period.
    • Remaining prenatal leave balance.

Source: (§20-913(l))

4. Accrual & Carryover Rules

• Safe/sick time accrues 1 hour per 30 hours worked.
• Annual caps:
  • 40 hours for employers with 99 or less employees.
  • 56 hours for employers with 100 or more employees.
• Carryover applies to safe/sick time only: unpaid time does not carry over.

Section: (§20-913)

5. Tracking & Reporting

• Employers must track and report both paid and unpaid and prenatal leave balances on pay statements.
• If employee requests time off for a covered reason, assume paid sick time unless the employee specifies otherwise.

Source: (§20-919(c))

6. Temporary Schedule Change Act

• Removed obligation to approve two schedule changes annually.
• Employees may still request changes, but approval is now under the employer’s discretion.
• Employers must respond as soon as practicable.
• Anti-retaliation protections remain.

Source: (§20-1262)

Additional Compliance Details:

• Minimum increments: 4 hours of safe/sick time; 1 hour of prenatal leave.
• Documentation: Allowed after 3 consecutive days; employers must reimburse any fees for documentation.
• Confidentiality (§20-921): Employers cannot require disclosure of medical or personal details.
• Collective Bargaining (§20-919): Waivers allowed only if agreements provide comparable or superior benefits.

Compliance Risk: Penalties for violations:

• $50 per employee for notice failures.
• $500 for unlawful denial or requiring replacement workers.
• $2,500 for unlawful discharge.

Operational Impact:

• Increased administrative complexity.
• HR training needed on new rules and assumptions for leave usage.

Source References

• NYC Int 0780-2024 – A Local Law to amend the administrative code of the city of New York in relation to aligning the requirements of the earned safe and sick time act and the temporary schedule change act
  
  

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