October 3, 2023
On Sept. 15, 2023, the New York City Department of Consumer and Worker Protection adopted several amendments to the City’s Earned Safe and Sick Time Act (ESSTA). Notably, some of the key amendments include changes to 1) what constitutes an “employee” under the ESSTA; 2) how to calculate an employer’s size to meet safe/sick time requirements; 3) when it is permissible to request documentation from employees for safe and sick leave; 4) information on requirements for employees to notify their employer for use of leave; 5) calculating an employee’s rate of pay; and 6) updates that should be made to an employer’s ESSTA workplace policy. These amendments take effect on Oct. 15, 2023. A brief summary of some of the notable changes are detailed below.