New York is one of the states that requires nearly every private employer to provide sick leave, and most workers earn it at a rate of at least one hour of sick leave for every 30 hours worked. Under New York Labor Law Section 196-b, whether your sick leave is paid or unpaid, and how much you can use per year, depends entirely on your employer's size and net income: employers with 5 or more employees (or 4 or fewer employees but a net income over $1 million in the prior tax year) must provide paid sick leave, while the smallest employers (4 or fewer employees and $1 million or less in net income) may provide the same amount as unpaid leave. This is a guaranteed floor that exists regardless of whether your employer calls it "sick days," "PTO," or anything else.
New York's Sick Leave Tiers: How Much You Earn
New York's statewide sick leave law took effect on September 30, 2020 (with accrual beginning earlier), and it sets different annual amounts based on employer size:
4 or fewer employees and net income of $1 million or less: up to 40 hours of unpaid sick leave per calendar year.
4 or fewer employees but net income over $1 million in the previous tax year: up to 40 hours of paid sick leave per year.
5 to 99 employees: up to 40 hours of paid sick leave per year.
100 or more employees: up to 56 hours of paid sick leave per year.
The core accrual rule is the same across tiers: employees accrue a minimum of one hour of sick leave for every 30 hours worked. Alternatively, an employer may "front-load" the full annual amount at the start of the calendar year instead of using accrual. When sick leave is paid, it must be paid at the employee's regular rate of pay (or the applicable minimum wage, whichever is greater).
Who Is Covered
New York's law covers private-sector employees across the state, including part-time and full-time workers, with no minimum hours threshold to begin accruing. There is no requirement that you work a certain number of months before you start earning sick leave under the state law. Employers may set a reasonable minimum increment for using leave, but that increment cannot exceed four hours.
Accrual begins at the start of employment (or September 30, 2020, for existing employees when the law took effect). Importantly, employers cannot require employees to work or find a replacement worker as a condition of using accrued sick leave, and they cannot retaliate against employees for requesting or using it.
What You Can Use Sick Leave For
New York sick leave can be used for a broad set of reasons covering both the employee and the employee's family members. Covered uses include:
Mental or physical illness, injury, or health condition of the employee or a family member, regardless of whether it has been diagnosed or requires care at the time.
Diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or preventive care, for the employee or a family member.
Reasons related to the employee or a family member being a victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking, including obtaining services, relocating, or participating in related legal proceedings (this is sometimes called "safe leave").
"Family member" is defined broadly and includes a child, spouse, domestic partner, parent, sibling, grandchild, grandparent, and the child or parent of a spouse or domestic partner. Employers generally may not require disclosure of confidential medical information as a condition of using sick leave.
Local Ordinances: New York City and Westchester
Some New York localities provide protections that go beyond the state minimum, and where local law is more generous, employers must follow it:
New York City has its own Earned Safe and Sick Time Act (ESSTA), which is broadly aligned with the state law's hour amounts but adds additional employer obligations, notice and recordkeeping requirements, and enforcement through the NYC Department of Consumer and Worker Protection. NYC also requires that pay stubs or a similar statement show accrued and used safe/sick time.
Westchester County previously had its own Earned Sick Leave Law and a separate Safe Time Leave Law; with the state law in effect, the more protective provisions apply where they exist.
If you work in NYC or Westchester, check both the state rule and the local rule, because the local ordinance may grant you stronger notice rights, faster access, or additional enforcement avenues even when the hour totals match.
How Sick Leave Interacts With PTO and FMLA
An employer that already provides a paid time off (PTO) or sick leave policy does not have to provide additional leave as long as the existing policy meets or exceeds the state's requirements for accrual, annual amount, carryover, and permitted uses. In other words, a generous PTO bank can satisfy the sick leave mandate, but only if employees can use that time for all the law's covered reasons without penalty.
New York sick leave is separate from the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave for eligible employees at covered employers (generally those with 50 or more employees). It is also distinct from New York Paid Family Leave (PFL), a state insurance program that provides partially paid leave to bond with a new child, care for a seriously ill family member, or address certain military family needs. Sick leave under Section 196-b generally cannot be substituted for or counted against your separate FMLA or PFL entitlements; these programs can run alongside one another depending on the situation.
Unused accrued sick leave carries over to the following calendar year, though employers may cap annual use at the applicable 40- or 56-hour limit. Unlike vacation in some workplaces, New York does not require employers to pay out unused sick leave when employment ends.
The Federal Baseline for Comparison
There is no federal law requiring private employers to provide paid sick leave for ordinary illness. The federal Fair Labor Standards Act (FLSA) sets a national minimum wage of $7.25 per hour and requires overtime at one and one-half times the regular rate after 40 hours in a workweek, but it says nothing about paid sick days. The FMLA only guarantees unpaid, job-protected leave for serious health conditions at larger employers. New York's statewide sick leave mandate therefore provides a meaningful benefit that federal law does not, which is why your rights depend so heavily on the state where you work.
How to Enforce Your Rights and Where to Verify
If your employer denies you sick leave, retaliates against you for using it, or fails to provide the required accrual, you can file a complaint with the New York State Department of Labor (NYSDOL), which enforces Labor Law Section 196-b. If you work in New York City, you can also file with the NYC Department of Consumer and Worker Protection under the city's Earned Safe and Sick Time Act. Keep records of your hours worked, your accrued and used sick time, any written requests, and any adverse actions taken against you.
Because employer-size thresholds, net-income figures, and any minimum wage rates that affect paid sick leave can change, confirm the current rules directly with the New York State Department of Labor before relying on them. As of 2026, New York's minimum wage varies by region (with a higher rate in New York City, Long Island, and Westchester than in the rest of the state), so verify the figure that applies to you with NYSDOL. The state's official guidance pages on paid sick leave are the authoritative source for current employer tiers and accrual requirements.
Official New York Sources
This page is based on New York employment law. Rules and figures change — verify the current details directly with the official New York sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside New York state law.
Frequently asked questions
Does every employer in New York have to provide paid sick leave?
Almost every private employer must provide sick leave, but whether it is paid depends on size and income. Employers with 5 or more employees, or with 4 or fewer employees and over $1 million in net income, must provide it as paid leave. Employers with 4 or fewer employees and $1 million or less in net income may provide the same amount as unpaid leave.
How much sick leave can I earn in New York?
You accrue at least one hour of sick leave for every 30 hours worked. Employers with up to 99 employees must allow up to 40 hours per calendar year, and employers with 100 or more employees must allow up to 56 hours per year. Employers may also front-load the full amount instead of using accrual.
Can I use New York sick leave to care for a family member?
Yes. You can use sick leave for the illness, injury, health condition, diagnosis, treatment, or preventive care of yourself or a covered family member, which includes children, spouses, domestic partners, parents, siblings, grandparents, and grandchildren. It also covers 'safe leave' for victims of domestic violence, stalking, sexual offenses, and human trafficking.
Do I get extra protections if I work in New York City?
Yes. New York City's Earned Safe and Sick Time Act adds notice, recordkeeping, and pay-statement requirements and is enforced by the NYC Department of Consumer and Worker Protection. Where the city law is more protective than the state law, the city rules apply, so check both if you work in NYC.
Does my employer have to pay out unused sick leave when I leave?
No. New York does not require employers to pay out unused, accrued sick leave when your employment ends. However, unused sick leave generally carries over to the next calendar year while you remain employed, though your employer can cap how much you actually use each year at the 40- or 56-hour limit.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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