NYC’S New Sick Time Benefits — Effective February 22nd

Business, News

On October 25, 2025, the New York City Council enacted Local Law 145 (formerly Int. No. 780-A), which significantly updates the City’s Earned Safe and Sick Time Act (ESSTA) to broaden employees’ right to leave and align it more closely with the now-superseded Temporary Schedule Change Act (TSCA). The new benefits will take effect on February 22, 2026.

1. Expanded Permitted Uses of Safe/Sick Time

Under the updated law, employees in NYC may now use safe and sick time not only for traditional health-related reasons but also for several additional purposes, including:

• Providing care for a child or care recipient, including care for a minor or a family member with a disability.
• Attending legal proceedings related to subsistence benefits or housing issues.
• Responding to a public disaster, such as weather emergencies or declared emergencies.
• Responding to workplace violence.

These expanded purposes ensure that safe and sick time can be used for a wider range of personal and familial situations, reflecting the evolving needs of employees in the city.

2. New Immediate Unpaid Leave Entitlement

In addition to the standard accrued safe/sick time an employee earns based on hours worked, with 40 hours for employees of small businesses (5-99 employees) and 56 hours for employees of large businesses (100+ employees), the law now requires employers to provide an additional 32 hours of unpaid safe/sick time to be immediately available upon hire and each calendar year thereafter. This new bank of unpaid leave replaces the two days of leave previously provided under the Temporary Schedule Change Act.

Although the TSCA’s temporary schedule change rights continue to exist—allowing employees to request shifts in hours or work times with employer approval—the unpaid leave entitlement effectively broadens flexibility for workers without imposing additional paid leave requirements.

3. Accrual Still Required, but Use Flexibility Improved

The amended law maintains the basic accrual structure of ESSTA: employees continue to accrue safe/sick time based on hours worked, subject to caps tied to employer size. However, by allowing immediate use of unpaid safe/sick time upon hire, the law gives workers earlier access to critically needed time off, including for caregiving or legal needs.

4. Employer Obligations and Compliance

Among other administrative updates:

• Employers must continue to provide notice of safe and sick time rights to employees at onboarding and in other situations.
• Employee health and personal information related to safe/sick time use must be treated as confidential and generally cannot be disclosed except as required by law.
• Safe/sick time protections continue to cover a broad range of work arrangements, though independent contractors and certain exemptions still apply.

Penalties for violations of notice requirements and unlawful denial of leave remain in effect, underscoring the importance for employers to update their policies and procedures in light ofthese changes.

5. Impact and Takeaways

Local Law 145 substantially expands the types of personal and family situations for which NYC employees can use safe and sick time, while adding a new immediate unpaid leave entitlement that benefits employees from their first day on the job. Employers with operations in New York City should review and revise their leave policies to:

• incorporate the new reasons for safe/sick leave usage;
• implement the mandatory 32 hours of unpaid safe/sick time available at hire and each year;
• ensure accurate tracking and notice practices;
• protect employee privacy regarding leave usage.

These amendments reflect a broader trend toward strengthening worker protections and adapting leave laws to modern workforce needs.

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