New York City employers must hand out an updated sick-leave notice to every employee and post it in the workplace now.
Amendments to the city’s Earned Safe and Sick Time Act (ESSTA) took effect on February 22, 2026, and the clock is ticking on compliance.
The Department of Consumer and Worker Protection (DCWP) released a revised “Notice of Employee Rights” on February 19, 2026. The biggest change is a new, separate bank of 32 hours of unpaid protected time off that must be given to every employee immediately upon hire and again on January 1 of each calendar year. This is on top of the paid sick and safe time NYC employers already provide.
The law also broadens the reasons employees can take leave. New qualifying situations include caring for a minor child or care recipient, responding to workplace violence or a public disaster, and attending legal proceedings related to benefits or housing.
What NYC employers need to do
- Distribute the updated notice to all current employees in their primary language, and give it to every new hire going forward. The deadline is roughly 30 days from the effective date, which puts it around March 24, 2026.
- Post the notice in a visible workplace location in English and any other languages your employees speak. You can download it from the DCWP’s official page.
- Update pay stubs so they track paid and unpaid protected time off separately.
- Revise your written leave policy to reflect the new unpaid leave bank and expanded qualifying reasons.
A few details worth knowing. The 32 unpaid hours cannot be prorated for mid-year hires, meaning someone starting in October still gets the full 32 hours. Those unpaid hours also do not carry over to the next calendar year. If an employee doesn’t have enough paid time to cover a minimum increment (up to 4 hours), they can combine paid and unpaid hours.
The former Temporary Schedule Change Act (TSCA) has been folded into ESSTA, so that separate obligation no longer stands on its own. If you had a TSCA policy, it should now be merged into your updated ESSTA policy.
Failing to distribute the notice or update your records can lead to fines and penalties from DCWP. This applies to all NYC employers regardless of size.
There’s more to watch. DCWP has proposed new implementing rules, and a public hearing is scheduled for March 2, 2026. Final rules could add further guidance or requirements. For a detailed legal breakdown, Proskauer’s summary is a good starting point.
