Do I have a right to paid sick leave in New York?

What the Law Says

New York State requires all employers to provide paid sick leave to employees, with requirements varying by employer size and annual net income.

The New York State Paid Sick Leave Law (Labor Law § 196-b) guarantees paid time off for illness, medical care, domestic violence matters, and public health emergencies. Employers must allow employees to accrue sick leave at a rate of at least 1 hour for every 30 hours worked.

Employers with 4 or fewer employees and net income of $1 million or less in the prior tax year must provide up to 40 hours of unpaid sick leave per calendar year. All other employers — including those with 5–99 employees or 100+ employees — must provide paid sick leave: 40 hours for mid-sized employers and up to 56 hours for large employers (100+ employees).

Employees may begin using accrued sick leave after 90 days of employment. Unused sick leave carries over to the next calendar year, though employers may cap usable leave at 40 or 56 hours depending on size.

Statutory Text

Every employer shall provide sick leave to its employees in accordance with this section.

— N.Y. Labor Law § 196-b(1) — Paid sick leave

Statutory Text

An employee shall accrue sick leave at a rate of not less than one hour for every thirty hours worked.

— N.Y. Labor Law § 196-b(2)(a) — Accrual rate

Statutory Text

An employer with one hundred or more employees in any calendar year shall provide up to fifty-six hours of paid sick leave to each employee.

— N.Y. Labor Law § 196-b(2)(b)(iii) — Large employers

What to Do

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