New York · NYC Leave · Updated April 2026

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.

Additional Unpaid
32 hrs/year
Effective Date
Feb 22, 2026
Authority
NYC Admin Code 20-911
Active

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.

Flag · 32 unpaid hours immediately available
Avoid · denying for expanded qualifying reasons
Always running

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.

Flag · 32 unpaid hours immediately

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.

Avoid · denying expanded reasons

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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The rule, plainly stated

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.

NYC Admin Code § 20-911 et seq. (as amended Feb 22, 2026): In addition to safe and sick leave required by section 20-913, employers shall grant 32 hours of unpaid safe and sick time to employees upon hire and at the beginning of each calendar year. Such unpaid safe and sick time shall be available for immediate use, with no waiting period, and may be used for any qualifying reason set forth in this chapter. Employers shall also provide 20 hours of paid prenatal leave during any 52-week calendar period, available for any healthcare services received by the employee during their pregnancy, in addition to and separate from safe and sick leave entitlements.

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).

On autopilot

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.

01 · NYC location detection

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.

02 · Three banks tracked

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).

03 · Qualifying reason check

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.

04 · Annual refresh January 1

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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FAQ

People also ask.

What's new in NYC ESSTA as of February 22, 2026?
Three big changes: (1) Additional 32 hours of unpaid safe/sick time, immediately available on hire and at start of each calendar year. (2) Expanded qualifying reasons including workplace violence, public disasters, caregiver responsibilities, and subsistence/housing proceedings. (3) Codified paid prenatal leave (20 hours/52-week period).
Do the 32 unpaid hours stack on top of state PSL?
Yes. NYC workers get state PSL (40 or 56 hours paid based on employer size) PLUS the 32 unpaid hours under NYC law. Plus 20 hours paid prenatal where applicable. All three are separate banks tracked separately.
When can workers use the 32 unpaid hours?
Immediately. No waiting period. No accrual. Available from day 1 of employment. Workers use them when paid PSL is exhausted, when at the cap, or by simple request. Employers can set minimum-increment of up to 4 hours per day.
What are the qualifying reasons?
All state PSL reasons (own/family illness, preventive care, safe time) plus new ESSTA reasons: workplace violence affecting the employee or family member; public disasters (fire, severe weather, terrorism causing workplace or school closures); caregiver responsibilities for minor child or care recipient; subsistence benefits or housing legal proceedings.
What's the penalty for ESSTA violations?
$50 per employee per violation for failing to provide leave. $500 per employee per calendar year for failing to provide paid prenatal leave + 20 hours added to that worker's balance. NYC DCWP issued 56,000+ warning letters in early 2026.
How does Teambridge handle the multiple banks?
Workers see three separate balances on every wage statement (paid PSL, unpaid ESSTA, paid prenatal). NYC location detection triggers ESSTA layering automatically. Qualifying reasons matched against the expanded list. Annual January 1 refresh handled structurally.