New York City Employers Face Expanded Leave Requirements Amid Winter Storms

Amended Earned Safe and Sick Time Act grants workers more unpaid leave options during emergencies

Published on Mar. 5, 2026

Got story updates? Submit your updates here. ›

New York City's amended Earned Safe and Sick Time Act (ESSTA) went into effect on February 22, 2026, granting workers an additional 32 hours of unpaid safe and sick time per year that can be used during severe weather events and other public emergencies. The new law has significant implications for employers, who must update policies, issue new notices, and train managers on the expanded leave requirements.

Why it matters

The timing of the ESSTA changes coincided with a major blizzard that hit New York City, highlighting the immediate relevance and impact of the new law. Employers who fail to comply with the updated ESSTA requirements face penalties including back pay, civil fines, and legal fees. The law is part of a broader trend of expanding worker protections in New York that employers must stay on top of.

The details

ESSTA now requires employers of all sizes to provide an additional 32 hours of unpaid safe and sick time each year, on top of whatever paid leave is already required. This additional unpaid time is available immediately upon hire and resets at the start of each new calendar year. Employees can use this time when a public official directs them not to travel, or when their workplace or their child's school/childcare provider closes due to a public disaster like a snowstorm or hurricane. Even 'essential' workers have the right to use this leave. The law also expanded other categories of approved leave, including caring for a child or designated care recipient, legal/social services related to workplace violence, and housing/subsistence benefits proceedings.

  • On February 22, 2026, New York City's amended Earned Safe and Sick Time Act (ESSTA) went into effect.
  • In late February 2026, New York City experienced a major blizzard that dumped up to 24 inches of snow in some neighborhoods.

The players

Zohran Mamdani

The mayor of New York City who reminded residents that clearing sidewalks is not just the city's job during the February 2026 blizzard.

Rachel Demarest Gold

A partner at the law firm Abrams Fensterman and the director of the firm's labor and employment practice, who authored the article providing analysis on the ESSTA changes.

Got photos? Submit your photos here. ›

What they’re saying

“We had just come through a week of snow advisories, school closures, and travel bans. Employers across the five boroughs were scrambling to figure out what they owed their workers. The short answer: more than they may have realized.”

— Rachel Demarest Gold, Partner, Abrams Fensterman (amny.com)

What’s next

The Department of Consumer and Worker Protection has ramped up enforcement of ESSTA, and penalties for non-compliance can include back pay, civil penalties, and attorneys' fees. Employers should review and update their policies, issue new Notices of Employee Rights, and train managers on the expanded leave requirements.

The takeaway

The timing of the ESSTA changes, coinciding with a major winter storm, underscores the immediate relevance and impact of the new law for New York City employers. Staying compliant with the expanded worker protections will be critical, as the city ramps up enforcement and the state legislature considers additional labor reforms.