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Frequently Asked Questions (FAQs) About Unpaid Time Off

February 20, 2026

Dear Team,

Below are frequently asked questions about the new job-protected unpaid time off available to employees who work in New York City under the amended New York City Earned Safe and Sick Time Act (ESSTA), effective February 22, 2026.

What is the new unpaid time-off benefit?
All VNS Health team members will receive 32 hours of job-protected, unpaid safe and sick time-off, which will be front-loaded annually. This time-off is protected under NYC law.

When does this take effect?
The new unpaid time-off benefit will be available for existing employees beginning February 22, 2026.In addition, new employees hired on or after February 22 will receive this new benefit upon their date of hire.

What can this new time-off benefit be used for?
Unpaid safe/sick time-off may be used for the same reasons as paid safe and sick time-off under ESSTA, including:

  • Your own mental or physical illness, injury, or health condition.
  • Medical diagnosis, care, or treatment.
  • Preventive medical care.
  • Caring for a family member who is ill or needs medical care.
  • Business, school or childcare closures by order of a public official for public health emergencies or public disasters.
  • Direction by a public official to remain indoors or to avoid travel during a public disaster, preventing the employee from reporting to their work location.
  • Absences related to domestic violence, sexual assault, stalking, or human trafficking impacting you or a loved one.

Is this in addition to paid time off?
Yes. This unpaid time-off benefit is separate from and in addition to existing paid time off benefits. 

Is there a waiting period to use this benefit?
No, the unpaid time off can be used immediately.

Is my job protected while I am on this unpaid time off?
Yes. Unpaid safe/sick time taken is job-protected under ESSTA, meaning you will not be subject to discipline, retaliation, or termination for properly using this time off.

Does unused time carry over?
No, instead the 32 hours of unpaid safe/sick time are front-loaded annually in the first pay period of each year.  

How can I access this benefit?
Beginning February 22, if you would like to use your unpaid time off, please let the office know when you call off. You must indicate which bucket of time you want use: paid time off or unpaid time off. If you are using the “Request Time Off” form and you would like to use your unpaid time off, please indicate it on the form. Click here for the “Request Time Off” form.

Where can I find my unpaid safe/sick time off balance?
This balance information can be found on your pay slip.

Are there required increments for using Unpaid Safe/Sick Time Off?
All Home Health Aide team members may request this time off in 1-hour increments.

Can I use Unpaid Safe/Sick Time Off while on unprotected Leave of Absence?
No, you cannot use Unpaid Safe/Sick Time Off while on a Leave of Absence.

If you have any additional questions, please contact your supervisor.

Thank you.