Work · Paid sick leave
Paid Sick Leave Law in New York
Whether an employer in New York must provide paid sick leave, how much you accrue, who is covered, and whether a city ordinance fills the gap where the state has no mandate. Cited to the statute.
What the paid sick leave law requires in New York
Who must provide it, how leave accrues and caps, and the workers the rule does not reach.
Paid-sick-leave law changes quickly, with new state amendments and city ordinances arriving regularly. New York guidance and the interaction with the New York City and Westchester County rules continue to develop, so confirm the current tiers and any threshold change before relying on them.
| What the law requires | What it means |
|---|---|
| Who must provide it | Under Labor Law Section 196-b, every New York employer must provide sick leave to employees. There is no small-business exemption from the leave itself. What changes with employer size is how many hours are required and whether the leave is paid or unpaid. |
| Accrual rate | Employees accrue sick leave at not less than one hour for every 30 hours worked, starting at the beginning of employment. An employer may instead frontload the full yearly amount at the start of the calendar year, but cannot then reduce or revoke it based on hours actually worked. |
| Hours and paid status depend on size and income | An employer with four or fewer employees and net income of one million dollars or less provides up to 40 hours unpaid. One with four or fewer employees and net income over one million dollars provides up to 40 hours paid. An employer with 5 to 99 employees provides up to 40 hours paid, and one with 100 or more provides up to 56 hours paid. |
| Where it does not apply | What it means |
|---|---|
| The smallest, lower-income employers give unpaid leave | For an employer with four or fewer employees and net income of one million dollars or less, the required 40 hours is unpaid rather than paid. The obligation to provide the leave still exists; only the pay attached to it differs at this tier. |
| New York City has its own, broader rule | New York City Earned Safe and Sick Time Act applies to employers with workers in the city and can require terms beyond the state minimum, including safe-leave use. An employer hiring in the city may have to meet both the city and the state requirements. |
| A collective bargaining agreement can substitute | The statute allows a valid collective bargaining agreement entered after its effective date to provide a comparable benefit in place of the statutory sick leave, if the agreement specifically references Section 196-b. The agreement cannot simply waive the benefit. |
What you can do right now
Concrete, neutral steps around sick leave in New York. This is legal information, not legal advice.
- Find your employer size tier
Count the employees and, for the smallest employers, check the prior-year net income. That tells you whether you are owed 40 hours or 56 hours, and whether the leave is paid or unpaid.
- Confirm accrual on your records
On request, an employer must provide a summary of the sick leave you accrued and used. If you have worked significant hours and see no accrual, ask for that record in writing.
- Check New York City and county rules
If you work in New York City or Westchester County, a local law may give you more than the state minimum. Compare both, because the more generous rule applies.
- Report a denial to the state Department of Labor
The New York State Department of Labor enforces Section 196-b. If an employer denies leave or retaliates for using it, you can file a complaint with the Department.
If you were denied leave the law provides, the state labor department takes complaints and can explain the accrual rules and any penalty. Where the state has no mandate, check your city.
→ New York State Department of Labor · Paid Sick LeaveThis is general legal information, not legal advice. Accrual, caps, and city ordinances turn on employer size and location, so confirm your situation against the statute.
What workers in New York get wrong about paid sick leave
New York requires every employer to provide sick leave, though how much and whether it is paid turns on the size of the business. Under Labor Law Section 196-b, employees accrue sick leave at one hour for every 30 hours worked, starting at the beginning of employment. The tiers set the rest. An employer with four or fewer employees and net income of one million dollars or less must give up to 40 hours, unpaid. The same size employer with net income above one million dollars, and any employer with 5 to 99 employees, must give up to 40 hours, paid. An employer with 100 or more employees must give up to 56 hours, paid. There is no exemption from providing leave, only a difference in hours and pay. New York City and Westchester County have their own rules that can require more. So in New York, some form of sick leave is guaranteed to nearly every worker.
Common questions
Does New York require paid sick leave?
Yes, for most workers. Under Labor Law Section 196-b, every employer must provide sick leave. It is paid for employers with five or more employees, and for the smallest employers with net income over one million dollars. The very smallest, lower-income employers give unpaid leave.
How much sick leave do you get in New York?
Employees accrue one hour for every 30 hours worked. The yearly cap is 40 hours for most employers and 56 hours for employers with 100 or more employees. Whether those hours are paid depends on employer size and net income.
Is New York sick leave always paid?
Almost always. The only unpaid tier is an employer with four or fewer employees and net income of one million dollars or less, which must still provide up to 40 hours, but unpaid. Every larger employer must provide paid leave.
Does New York City have a different sick leave law?
Yes. New York City has its own Earned Safe and Sick Time Act, and Westchester County has a comparable law. A job in the city or county can be subject to both the local and the state rule, and the more generous one applies.
What if my New York employer will not give me sick leave?
You can file a complaint with the New York State Department of Labor, which enforces Section 196-b. Retaliation for requesting or using sick leave is also prohibited.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.