Legal News

On October 25, 2025, the City of New York made significant changes to its Earned Safe and Sick Time Act (the “Act”). Broadly speaking, the updates increased certain benefits and usages under the Act, which go into effect on February 22, 2026.

Specifically, employers will be required to provide an additional 32 hours of unpaid safe and sick time to applicable employees on top of the paid time off already required. These hours must be “frontloaded” at the start of each applicable year and may be used immediately, even by new employees. However, unlike with paid PTO, the unpaid safe and sick time does not have to be carried over to the subsequent year if unused, though the Act will require unpaid time to be reported on wage statements or comparable documents. Additionally, the changes mandate that when an employee requests time off for a covered purpose under the Act, the employer must provide paid safe/sick time unless either i) the employee has none or ii) the employee requests not to use paid leave.

Additionally, the changes to the Act added more covered uses for safe/sick time:

• When an employee is prevented from reporting to work because of a public order to shelter in place or otherwise avoid travel due to a disaster;
• To care for a child whose school or daycare is closed due to a public health emergency;
• When the employee or their family member has been a victim of violence in the workplace;
• When the employee needs to provide care for a minor child or care recipient for whom the employee is the caregiver; and
• To attend a hearing or take other actions required to apply for benefits or housing to which the employee, a covered relation, or a care recipient is a party.

Employers should review their employment manuals and practices with counsel to ensure they are in compliance once the effective date arrives.

Outside Legal Counsel LLP advises businesses on ensuring their employee documents and practices are in compliance with New York City and state law. If you need review of any of your employee-facing manuals, procedures, or practices, contact us today.

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This is not legal advice and is attorney advertising.

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