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New York City Finalizes Sick and Safe Time Overhaul for 2026

Employers face policy overhauls with payroll reporting updates pending DCWP guidance.

Overview

  • The Council-enacted amendments to the Earned Sick and Safe Time Act take effect on February 22, 2026 after the bill became law without the mayor’s signature, with employers now preparing for compliance as DCWP guidance is expected.
  • Covered employers must provide a front‑loaded 32 hours of unpaid safe/sick time available upon hire and at the start of each year, track it separately from paid time, and display the unpaid balance on paystubs.
  • Qualifying uses expand to caregiving for a minor or care recipient, proceedings tied to subsistence benefits or housing, protective steps for workplace violence victims, and situations arising from declared public disasters including worksite closures, official directives, or school and childcare shutdowns.
  • The law codifies 20 hours of paid prenatal leave in a 52‑week period with new obligations to update policies, distribute and post DCWP notices, and show usage and remaining balances on paystubs, with violations enforceable under ESSTA.
  • Temporary Schedule Change obligations are narrowed so employers need only consider requests and may propose alternatives, and CBA waivers now require explicit language with comparable or superior benefits, with unpaid time not counting toward paid sick/safe or prenatal requirements.