New York City’s Earned Safe and Sick Time Act (ESSTA) was changed on July 2, 2025 to add new layers of responsibility for New York City employers.  These include updated leave policies, documentation requirements, and how (and when) employees must be informed of their rights. If you haven’t updated your policies yet, you could already be out of step with the law. 

Watch: When “No Problem” Becomes a Legal Problem

We’ve broken down what these changes mean, and what questions you should be asking right now. 

1. Do I have to give employees more time off?  

Yes. In fact, starting January 1, 2025, all New York State employers must provide up to 20 hours of paid prenatal personal leave each year. That’s separate from existing paid sick time. For New York City employers, this is in addition to your ESSTA obligations. 

2. What does “prenatal leave” actually cover?  

Doctors’ visits, tests, pregnancy-related checkups, consultations — basically anything that supports an employee’s pregnancy health. 

3. What about documentation and notice?  

You can request reasonable documentation only if the employee uses prenatal leave for more than three consecutive workdays. If the leave is foreseeable, you can ask for up to seven days’ notice. Otherwise, you can request documentation as soon as it’s practical for the employee to provide it. 

4. Do I need a written policy?  

Yes, and it needs to be solid. New York City employers must have a separate written policy outlining the 20 hours of paid prenatal leave. It must: 

• be given to employees when they start work, if the policy changes, or on request; and 

• explain how the leave works, what it covers, how to request it, and provide confidentiality guarantees. 

5. Anything else I need to do?  

Track everything. For every employee, you must keep records of: 

• when and how much prenatal leave they used; 

• how much you paid them for it; and 

• their remaining balance for the year. 

You also need to inform employees each pay period how much they used and what’s left, either on the pay stub or separately in writing. 

Bottom line? If you’re in New York City and your sick leave policy hasn’t had a check-up lately, now’s the time.  

Need help reviewing your policy or updating your documents? Our Peace of Mind Package is designed for exactly this. We help employers stay ahead, stay compliant, and have peace of mind. 

Call us at:  973.787.8442  

Email: legaladmin@alixrubinlaw.com

This blog is for informational purposes only. It is not offered as legal advice, nor is it intended to create an attorney-client relationship with any reader. Consult with competent local employment counsel to determine how the matters addressed here may affect you.

Have you updated your employee handbook lately?