New York Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of New York.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does New York Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

Yes, the New York paid sick leave law requires certain employers to provide paid time for employees to take time away from work for certain mental and physical health needs.

Are There Requirements to be Eligible for Paid Sick Leave in New York?

Yes, an employee must work for an employer who meets certain criteria to be eligible for paid sick leave.

• 0-4 employees, net income over $1 million: Up to 40 hours of paid sick leave
• 5+ employees: Up to 40 hours of paid sick leave
• 100+ employees: Up to 56 hours of paid sick leave

Employers with 0-4 employees and a net income of $1 million or less must provide up to 40 hours of unpaid sick leave each year.

Additionally, employers are allowed to impose a waiting period lasting up to 120 days before a new hire may use accrued sick leave. However, they must begin accruing it right away.

Is There a Minimum Amount of Paid Sick Time Required in New York?

There is no minimum amount of paid sick time required in New York for employers using the accrual method. The maximum required amount is 40 hours per year (employers with 5-99 employees) or 56 hours per year (100+ employees)

What Can PSL be Used for in New York?

Paid sick leave may be used by an employee to attend to their own physical or mental health needs, or to care for a family member. Under the law, a family member includes an employee’s child, parent, spouse/domestic partner, sibling, grandparent, or grandchild.

Is Paid Sick Leave Required to be Carried Over Each Year in New York?

Employers who use the accrual method must allow employees to carry over up to 40 or 56 hours to the following year. If the frontloading method is used, carryover is not required.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in New York?

Yes, paid sick leave is a required benefit while paid time off is not.

Common New York Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in New York?

If you work for an employer with 5-99 employees, you are entitled to receive 1 hour of paid sick leave for every 30 hours worked, up to 40 hours in a year. If your employer has 100+ employees, the max increases to 56 hours.

Does paid sick leave apply to all employees who work in New York?

No. Paid sick leave requirements apply to private employers with 5+ employees. Private employers with 0 to 4 employees may also be required to provide paid sick leave if the company has a net income of over $1 million.

Which employees are exempt or partially exempt from the paid sick leave law in New York?

The following employees/workers may be partially or fully exempt:

• Federal employees
• Independent contractors
• Individuals covered under a collective bargaining agreement
• Certain domestic workers (covered under the New York Domestic Workers’ Bill of Rights)
• Government employees (state or local)
• Agricultural workers

Do I have to notify my employer before taking sick leave in New York?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in New York?

The law protects employees from retaliation by their employer for using paid sick leave. However, you must comply with your company’s policy around notifying the employer and providing required documentation. Employees found to be misusing paid sick leave or violating company rules may face discipline.

WorkforceHub, a time and labor platform, can help your company manage any requirements associated with accruals. Learn more and try it for free today.

NY State Paid Sick Leave

NY Department of Labor