New Legislation Adds 32 Hours Unpaid Leave and Broadens Coverage
Significant Expansion of Employee Benefits
New York City adopted comprehensive amendments to the Earned Safe and Sick Time Act on October 25, 2025, after Mayor Eric Adams returned the bill unsigned. The legislation, which takes effect February 22, 2026, substantially expands worker protections by incorporating previous temporary schedule change requirements and adding new leave categories.
New Leave Bank and Expanded Coverage
The law establishes a separate bank of 32 hours of unpaid safe and sick leave, available immediately upon hire and usable without waiting periods. This supplements the existing 40 or 56 hours of leave already provided under ESSTA, effectively doubling available time off for many workers. The unpaid leave bank replaces the two days previously required under the temporary schedule change law, though employees can still request schedule modifications subject to employer approval.
Broadened Qualifying Reasons
The amended law significantly expands circumstances under which employees can use safe and sick time. New qualifying reasons include personal events previously covered under the Temporary Schedule Change Law, workplace closures or children’s school closures due to public disasters including fires, explosions, terrorist attacks, or severe weather emergencies. Employees can now take leave when public officials issue directives to stay indoors or avoid travel during public disasters that prevent them from working, according to JD Supra legal analysis.
Workplace Violence Provisions
Importantly, the legislation adds protections for victims of workplace violence, allowing time off to seek legal and social services assistance or take safety measures if the employee or a family member experiences such incidents. This provision recognizes the serious impact of workplace safety concerns on employees’ lives.
Employer Action Required
Employers in New York City must review all leave-related policies and procedures to ensure compliance with the new requirements. Critical updates include providing the separate unpaid leave bank immediately upon hire and at the beginning of each calendar year. Organizations should train supervisors and human resources professionals on the expanded qualifying reasons and updated procedures. The legislation represents significant progress in worker protections, ensuring employees have adequate time to address personal emergencies, health concerns, and safety issues without risking their employment or financial security.
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