Recent action by the New York City Council has introduced significant changes to the city’s leave landscape by amending the Earned Safe and Sick Time Act (ESSTA) and largely replacing the Temporary Schedule Change Act (TSCA). These amendments, passed on September 25, 2025, under Intro 780 (Int 780-2024), aim to streamline leave policies and expand protected uses for employees. These changes will take effect on February 22, 2026.
Background: Aligning NYC Leave Laws
New York City’s current regulations require employers to comply with two separate laws: the Earned Safe and Sick Time Act (ESSTA), which provides up to 40 or 56 hours of paid safe and sick leave depending on employer size, along with 20 hours of paid prenatal leave; and the Temporary Schedule Change Act (TSCA), which allows most NYC employees to request up to two temporary schedule changes per year for certain personal events, typically resulting in unpaid leave.
The new legislation seeks to integrate the core purposes of the TSCA into the ESSTA framework, creating a single point of reference for employees needing time off for caregiving, public safety, and other critical events.
Key Changes
The amendments introduce three main areas of impact for New York City employers:
Additional Unpaid Leave Allocation. The bill mandates that employees receive an additional 32 hours of unpaid safe and sick time under ESSTA. These 32 hours of unpaid leave must be frontloaded to be available for use immediately upon hire and on the first day of each subsequent calendar year.
TSCA Obligations Replaced. The new 32-hour unpaid leave bank effectively replaces the two days of temporary schedule changes that employers were previously required to provide under the TSCA. While the mandatory requirement for two temporary schedule changes is eliminated, employees may still request temporary changes to their work schedule, which remains subject to the employer’s approval.
Expanded Permissible Uses of ESSTA. The scope of safe and sick time is expanded to cover additional critical situations, ensuring employees have protected time off for urgent needs. ESSTA may now be used for:
- Public Disasters: Responding to a public disaster, including instances where the workplace, or a child’s school or childcare provider, is closed due to the event, or to comply with official directives to stay indoors or avoid travel.
- Caregiving: Providing care for a minor child or a care recipient, which includes temporarily or permanently disabled family members or household residents who rely on the employee for daily needs or medical care.
- Workplace Violence: Seeking legal or social services assistance, or taking protective actions, if the employee or a family member is a victim of workplace violence.
- Legal Proceedings: Attending a legal proceeding related to an employee’s application for subsistence benefits or housing.
Next Steps for Employers
New York City employers should consider taking proactive steps to ensure compliance with these forthcoming changes:
- Review and Update Policy Documents: Review and update employee handbooks and all ESSTA policies to reflect the new 32 hours of unpaid leave and the expanded list of permissible uses.
- Revise TSCA Procedures: Officially retire procedures and documentation related to the former two-day Temporary Schedule Change Act requirement.
- Train Managers and HR Personnel: Provide immediate training to supervisors and human resource staff on the expanded definition of protected leave, especially in relation to public disasters, caregiving for a minor child or care recipient, and workplace violence.
- Update Onboarding: Ensure that new hire materials reflect the immediate availability of the 32 hours of unpaid leave upon the start date.
- Stay Informed: Monitor the City’s website for additional guidance and any updated postings or notices.
HR Works will continue to monitor this topic and provide more information as updates become available.
