New York City Proposes Rule Changes for Earned Safe and Sick Time Act

As you know, New York City has enacted Int. 780-A, amending the city’s Earned Safe and Sick Time Act (ESSTA). Among other things, the amendments expand the permissible uses of ESSTA leave and introduce a new front-loaded allotment of 32 hours of unpaid safe and sick time, available upon hire and at the start of each calendar year.

The city’s Department of Consumer and Worker Protection (“DCWP”) is now proposing to also amend rules related to the ESSTA. DCWP will hold a public hearing on the proposed rules at 11:00 a.m. on March 2, 2026. Access the link below to learn how to participate in the hearing.

The following are among the proposed rule changes:

  • DCWP proposes replacing references to “safe/sick time” with a broader term: protected time off, which includes sick time, safe time, and paid prenatal leave.
  • Employee pay statements must show: paid protected time off accrued, used, and remaining; unpaid immediately available hours; and paid prenatal leave used and remaining.
     

You can access the proposed rules here.

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