The New York City Council has passed new regulations pertaining to the New York City Earned Safe and Sick Leave (ESSL) Law. Due to the NYC mayor’s refusal to veto the bill before the October 25, 2025 deadline, it will be enacted into law.

 As a reminder, the New York City Earned Safe and Sick Leave Law paid leave to employees for a variety of reasons related to employee or family member illness/injury and safety. You can read more about New York City’s Earned Safe and Sick Leave HERE.

The new regulations provide significant additions to the qualifying reasons for leave as well as additional time off separate from what is already provided through the ESSL and other state programs.

New regulations:

- NYC ESSL can be used for the following additional reasons:

- Workplace, school or childcare provider closures due to a public disaster (fire, explosion, terrorist attack, severe weather conditions or other declared public emergencies);

- Compliance with public official directives to remain indoors or avoid travel due to a public disaster;

- Seeking legal or social services, or taking other safety measures, if the employee or their family member is a victim of workplace violence;

- Providing care to a minor child or care recipient; or

- Attending or preparing for legal proceedings related to subsistence benefits or housing, or taking actions necessary to apply for, maintain, or restore such benefits.

- NYC ESSL will have a separate bank of 32 hours of unpaid leave that employees may use for any qualifying ESSL reason. This leave is available upon hire and will reset at the beginning of each calendar year. There is no carryover for these hours.

- The New York City Temporary Schedule Change Act requirements to provide at least 2 schedule changes to an employee annually are being discontinued. Instead, such requests will fall under the purview of the new ESSL updates.

This new update to the ESSL is set to take effect January 13, 2026. Employers should work with their Human Resources Departments to begin setting aside hours for employees to use this new ESSL leave. FNA Insurance Services, Inc. will provide updates as more information on this leave is made available.