New York City Publishes Final Rules Related to the Earned Safe and Sick Time Act

Short summary

NYC's DCWP issued final rules implementing ESSTA amendments, effective July 23, 2026, expanding paystub obligations to show accrued and used protected time off, including paid prenatal leave. Employers using electronic paystub systems must provide separated employees access for six months or a written statement within one week. The rules also clarify that exempt employees taking partial-day protected leave must be paid to maintain FLSA exemptions.

• •Final ESSTA rules effective July 23, 2026 expand paystub reporting for protected time off and prenatal leave
• •Electronic paystub systems must grant separated employees 6 months access or provide written statement within 1 week
• •Exempt employees on partial-day unpaid protected leave must be paid to preserve FLSA exemption status

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