2025 ESSTA Updates for NYC Employers

The New York City Department of Consumer and Worker Protection has issued updates to the NYC Earned Safe and Sick Time Act (ESSTA), related to the New York State Paid Prenatal Leave Law that took effect January 1 of this year.

This update takes effect July 2, 2025.

As you are aware, under the current ESSTA, employers located in NYC must include the balancer of leave available under this law on each pay stub. The new update will apply this pay stub balance statement to prenatal leave as well. Any time an employee uses prenatal leave, their next pay stub (or other documentation) will reflect the remaining balance of prenatal leave available for the year.

In addition to maintaining a written  policy under ESSTA, employers must maintain a written paid prenatal leave policy as well. This should be added to any new hire materials, and provided upon request as well.

 The policy should include statement on:

• Availability of a separate bank of 20 hours of paid prenatal leave during any 52-week calendar period,

• Minimum increment and advance notice requirements for use of prenatal leave, 

• Any potential discipline for employee misuse, and 

• Statement that the employer will not require details about the employee’s medical condition, and will keep any information the employee does provide confidential

The full text of the rules is attached below, and can be reviewed here. 

Employers currently subject to the ESSTA should review these updates and ensure their policy is in compliance by the July 2 effective date.

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