NYC adds 32 unpaid hours + broader uses on top of state PSL.
Effective February 22, 2026, NYC's Earned Safe and Sick Time Act (ESSTA) adds significant protections beyond state law: 32 hours of unpaid safe/sick time (immediately available, on top of existing paid accruals), expanded qualifying reasons (workplace violence, public disasters, caregiver responsibilities, subsistence/housing proceedings), and codified paid prenatal leave. Mayor Mamdani's enforcement blitz issued 56,000+ warning letters in early 2026.
NYC ESSTA Protected Time Off
Layers NYC's expanded protections on top of state PSL. Provides 32 unpaid hours immediately on hire and at start of each calendar year. Tracks expanded qualifying reasons. Integrates paid prenatal leave as separate bank.
What the rule does for NYC workers.
The hero card configuration: Flag on unpaid hour availability, Avoid on denials. Here's what each does at runtime.
When a NYC worker is hired, 32 unpaid ESSTA hours are immediately available — no waiting period, no accrual. Same balance refreshes January 1 each year. Workers can use unpaid hours when paid balance is exhausted, capped, or by request.
ESSTA's qualifying reasons go beyond state PSL: workplace violence, public disasters, caregiver responsibilities, subsistence/housing proceedings, and paid prenatal leave. Denials based on overly narrow reasons surface as Critical for HR review.
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NYC = state PSL + 32 unpaid + broader uses + paid prenatal.
ESSTA started as a paid sick leave law, then expanded into 'safe time' (domestic violence, etc.), then expanded to absorb the Temporary Schedule Change Act, then expanded again in Feb 2026. Each expansion layers more requirements on NYC employers.
32 unpaid hours immediately available
Effective Feb 22, 2026, every NYC employee gets 32 hours of unpaid safe/sick time immediately on hire (and on January 1 of each calendar year). No waiting period. No accrual. Available for any qualifying reason. Carryover not required — but employers must refresh the bank each January 1.
Expanded qualifying reasons
ESSTA now covers: own or family member's illness; preventive care; safe time (domestic violence, sexual assault, stalking, human trafficking); workplace violence (new in Feb 2026); public disasters (school/childcare closure due to fire, weather, terrorism — new); caregiver responsibilities (caring for minor child or care recipient — new); subsistence benefits or housing legal proceedings (new).
Teambridge layers NYC requirements on top of state PSL automatically.
ESSTA's complexity comes from multiple banks (paid PSL, unpaid ESSTA, paid prenatal) and expanded qualifying reasons. Teambridge tracks each separately and applies the right one to each request.
Worker location triggers ESSTA.
Workers performing work in NYC automatically have ESSTA layered on top of state PSL. Out-of-NYC NY workers get state PSL only.
Paid PSL + unpaid ESSTA + paid prenatal.
Each balance is tracked separately on the wage statement. Workers see paid PSL balance, unpaid ESSTA balance (32 hours), and paid prenatal balance (20 hours, if applicable).
Expanded list applied at request.
When a worker requests leave, the qualifying reason is matched against ESSTA's expanded list. Reasons newly added (workplace violence, caregiver, subsistence proceedings, public disasters) are valid and approved.
32 unpaid hours reset.
On January 1 of each calendar year, the unpaid ESSTA bank refreshes to 32 hours. Carryover not required for unpaid time. Paid PSL carryover follows § 196-b rules.
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