New York City Implements Amendments to Earned Sick and Safe Time Act
The state of New York has a long history of protecting employee rights, including the rights of workers to report illegal or unethical activity by employers, or to engage in governmental investigations of employer wrongdoing. Under both the New York Labor Law and the New York Human Rights Law, workers may have redress if they have been subjected to retaliation by employers for engaging in protected activities. Workers in New York City have additional protections, as New York City law also bans such conduct.
The Protections Available to New York City Workers after Workplace Retaliation
On July 23, 2026, new rules governing NYC’s Earned Sick and Safe time Act (ESSTA) went into effect. Here are some of the key takeaways for employers:
- Legislators have replaced the term “safe/sick time” with “protected time off” and have made it clear that the new label carries exactly the same meaning as the prior one
- The new rules seek to remove some of the uncertainty regarding the term “immediately available hours,” used to refer to a grant of protected time off to qualified employees upon hire and at the beginning of each subsequent year. Under the new rules, employers can meet the requirements of the law by giving workers paid leave.
- The new rules specify that workers who have accrued both paid and unpaid time off should be given paid time off first unless they otherwise request
- The new rules mandate that employers notify workers of accrued paid and unpaid time off each pay period.
- The amendments further state that any employee who leaves but is rehired within the same calendar year is entitled to have any unused balance of unpaid time off reinstated
Let Stephen Hans & Associates Protect Your Rights with Respect to Employees in New York City
At Stephen Hans & Associates, we have successfully advised and represented many New York City employers for years, helping them meet employment law requirements and protecting their rights in employment litigation, including workplace retaliation allegations. Susan Lacerte, executive director of the Queens Botanical Garden has lauded us for our “dedication, knowledge and experience” and for helping the Botanical Gardens “successfully resolve difficult legal issues with [our] talent, negotiating skills, personal care and attention.”
Our experienced attorneys are glad to answer your questions and provide legal advice. Our offices are conveniently located in Long Island City with easy access from Manhattan.