NYC Council Proposes Bill to Amend ESSTA to Include Pet Leave

On October 23, 2024, New York City councilmembers introduced a bill, Int. 1089, to amend the New York City Earned Safe and Sick Time Act (ESSTA) to allow employees to use paid or unpaid protected sick leave to care for their animals. The proposed amendment to the existing law, as currently drafted, would expand the list of reasons why an employee could use ESSTA leave to include those associated with the care of a “covered animal,” i.e., “an employee’s animal that is a service animal or is an animal kept primarily for companionship in compliance with all applicable laws.”

Although ESSTA broadly defines “family” for the purposes of taking protected safe and sick time leave, the current definition does not apply to non-human companions. Int. 1089, however, seeks to permit employees to use ESSTA leave for the “care of a covered animal that needs medical diagnosis, care or treatment of a physical illness, injury or health condition that needs preventative medical care.” The scope of the definition of “covered animal” is detailed in the Alert below.

If passed, the amendment to the existing law would go into effect in 120 days from passage. For now, employers are not required to grant employees’ requests to use ESSTA leave for pet care. Even if passed, this bill would not increase the amount of ESSTA leave that each employee can use each year; it would simply expand the basis on which leave must be granted. 

Our Labor & Employment Law team is available to assist employers in navigating full compliance with New York Labor Laws and the New York City Earned Safe and Sick Time Act, including assisting with time and leave policies.    

For more details about the proposed amendment to ESSTA, see our Client Alert below