New York paid sick leave laws ensure employees have access to protected time off for health and safety needs. Under New York Labor Law § 196-b, most employers must provide either paid or unpaid sick leave to their employees, with specific accrual rates and usage limits. Requirements vary based on employer size and net income, affecting businesses across the state.
Employers must track sick leave accrual, maintain appropriate documentation, and ensure compliance with both state and local regulations. This includes additional requirements for New York City employers, who must adhere to separate paid sick leave ordinances.
Common Questions About New York Paid Sick Leave
Understanding the basics of New York paid sick leave is essential for both employers and employees. The law establishes clear guidelines for leave accrual and usage, with requirements that scale based on company size and revenue. Here’s what you need to know to stay compliant.
Who can take paid sick leave in New York?
All employees working in New York state are eligible for sick leave benefits, with the exception of government employees. This broad coverage ensures that most workers have access to protected time off when needed for health-related matters.
Which employers have to provide this leave?
Every employer with employees in New York must provide sick leave benefits, though the specific requirements vary. The New York paid sick leave law bases requirements on company size and, for smaller employers, their net income from the previous tax year. This creates a fair system that considers both workforce size and financial capacity.
How much leave do employers need to provide?
Employees accrue one hour of sick leave for every 30 hours worked. The amount of leave and whether it’s paid depends on employer size; however, employees have immediate access to sick leave as soon as they accrue it.
- 4 or fewer employees with net income over $1M: 40 hours paid leave
- 4 or fewer employees with net income under $1M: 40 hours unpaid leave
- 5-99 employees: 40 hours paid leave
- 100+ employees: 56 hours paid leave
Beginning 2025, employers must also provide 20 hours of paid prenatal personal leave annually.
What can New York paid sick leave be used for?
Employees can use their leave for personal or family member illness, preventative care, and situations involving domestic violence, sexual offenses, stalking, or human trafficking. The law broadly defines family members to include children, spouses, domestic partners, parents, siblings, grandchildren, grandparents, and specified in-laws, acknowledging diverse family structures and caregiving responsibilities.
Beginning in 2025, an additional 20 hours of paid prenatal personal leave will be available for pregnancy-related healthcare services, including physical exams, medical procedures, monitoring and testing, and meeting with a healthcare provider to talk about the pregnancy.
How does this relate to other types of leave?
Employers can use an existing sick leave or paid time off policy to comply with these sick leave requirements as long as the policy provides at least as much leave as the sick leave law requires and allows for leave for the same reasons.
Can employers limit how many hours of sick leave employees use in a year?
The usage limits depend on employer size. Organizations with fewer than 100 employees can cap usage at 40 hours per year, while those with 100 or more employees can set a 56-hour annual limit. While the law doesn’t permit total accrual caps, employees remain subject to the annual usage limits of either 40 or 56 hours.
Can employers provide all the leave at once instead of letting it accrue?
Frontloading the full amount of leave at the year’s start is permitted, but employers can’t reduce this amount based on actual hours worked. Even with frontloading, unused leave must carry over to the next year. For part-time employees, employers can provide prorated amounts but must track hours and allow additional accrual if needed.
Do employers have to carry over unused leave?
Unused sick leave carries over to the following year, though usage caps still apply. Employers can offer payment for unused leave at year-end as an alternative to carryover. These requirements apply even when leave is frontloaded.
What is the smallest amount of leave an employee can use?
Employers may set reasonable minimum increments for sick leave use, not exceeding 4 hours. Prenatal leave can be taken in one-hour increments.
What notice do employers and employees need to provide?
Employers must communicate their sick leave policy in writing or by posting, and provide leave balance summaries within three days of employee requests. While no specific timeframe is mandated, employees must submit an oral or written request before using paid sick leave.
What verification can employers ask for?
For absences of three or more consecutive days, employers may request verification but cannot demand confidential health information or details about domestic violence situations.
Are employees’ jobs and benefits protected when they take this leave?
Employees must be reinstated to their same position with identical pay and benefits after taking sick or prenatal personal leave. No payout of unused sick leave is required at separation. The law does not address reinstatement of previously accrued leave for rehired employees.
Simplify New York Paid Sick Leave with SixFifty
Navigating New York paid sick leave requirements can be complex, with multiple variables affecting compliance. SixFifty’s solutions streamline the process, ensuring your policies align with current regulations while reducing the administrative burden on your HR team. We’re here to keep you compliant—even if paid sick leave laws change.
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