New York City Amends ESSTA Rules 

Beginning July 23, 2026, New York City’s Earned Safe and Sick Time Act (ESSTA) rules, which apply to employers of all sizes, will include some new obligations.


Under the amended rules, the required ESSTA leave information that employers must provide to employees in writing each pay period (i.e., accrued, used, and total leave balances) will need to be separated into paid and unpaid leave. This information is typically provided on a pay stub, though any written format is acceptable.


Additionally, employers that use an electronic system that allows employees to access their ESSTA information directly will need to give terminated employees continued access for at least six months or provide a written statement with the required information from their final pay period within one week of their last payday.


ACTION ITEMS:

  • For pay periods on or after July 23, 2026, separate the required ESSTA leave information into paid and unpaid leave.

  • If you use an electronic system to provide the required ESSTA leave information, provide terminated employees with continued access for six months or a written statement.

 

Need help determining how to apply this update to your systems?

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