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How Does New York Paid Sick Leave Work?

New York requires all employers to provide paid sick leave to employees. Since September 2020, nearly every worker in New York has the right to earn and use paid sick time for illness, medical care, and certain family needs.

The amount of sick leave you earn depends on your employer’s size. Large employers provide up to 56 hours per year. Small employers provide up to 40 hours per year. The smallest employers (fewer than 5 employees earning under $1 million annually) provide unpaid sick leave.

You earn sick leave gradually as you work—1 hour for every 30 hours worked. You can use sick leave for your own health needs, to care for sick family members, or to address domestic violence situations affecting you or your family.

Why New York Paid Sick Leave Matters

Before 2020, millions of New York workers had no sick leave. They went to work sick, sent sick children to school, and risked losing their jobs for missing work due to illness.

The pandemic revealed the problem clearly: Workers without sick leave spread COVID-19 because they couldn’t afford to stay home. Essential workers faced impossible choices between their health and their paychecks.

New York’s paid sick leave law changed this reality:

  • Food service workers can stay home with the flu instead of handling your meals while sick
  • Parents can take children to doctor appointments without losing pay
  • Workers can get preventive care like cancer screenings
  • Domestic violence victims can attend court without losing their jobs

The law covers nearly every New York worker, from restaurant servers to corporate executives. If you work in New York, you almost certainly have sick leave rights.

Who Is Covered By NY Paid Sick Leave

New York’s sick leave law covers nearly all private employers and employees.

You’re covered if:

  • You work for a private employer in New York State
  • You work for a non-profit organization
  • You’re a full-time, part-time, temporary, or seasonal employee
  • You work any number of hours (even very part-time)

Your employer is covered if:

  • They employ anyone in New York (even one employee)
  • They’re a private business, non-profit, or certain public employers

The law covers these workers:

  • Hourly and salaried employees
  • Tipped workers
  • Domestic workers (nannies, housekeepers, etc.)
  • Farm workers (under separate provisions)
  • Temporary and seasonal workers

Exceptions are narrow:

  • Federal government employees
  • Some public employers (state and local government workers may have different sick leave policies)
  • Independent contractors (if truly independent, not misclassified employees)
  • Certain unionized workers whose collective bargaining agreements provide comparable benefits
  • Per diem healthcare workers in some cases

Example: Rita works 15 hours per week at a coffee shop in Syracuse. Even though she’s part-time, she’s covered by the sick leave law and earns 1 hour of sick leave for every 30 hours worked.

Example: James is a self-employed consultant with no employees. He’s not covered because he’s self-employed, but if he hires even one person, he must provide sick leave to that employee.

How Much Sick Leave You Earn

Your sick leave amount depends on your employer’s size and revenue.

Accrual Based on Employer Size

Large employers (100+ employees):

  • 56 hours of PAID sick leave per year
  • Employees accrue at least 1 hour per 30 hours worked

Medium employers (5-99 employees):

  • 40 hours of PAID sick leave per year
  • Employees accrue at least 1 hour per 30 hours worked

Small employers (4 or fewer employees earning $1 million+ per year):

  • 40 hours of PAID sick leave per year
  • Employees accrue at least 1 hour per 30 hours worked

Very small employers (4 or fewer employees earning under $1 million per year):

  • 40 hours of UNPAID sick leave per year
  • Employees accrue 1 hour per 30 hours worked
  • You get job protection but no payment

How Accrual Works

You earn sick leave as you work.

Accrual rate: 1 hour of sick leave for every 30 hours worked

Example calculation:

  • You work 40 hours per week
  • In one week, you earn 1.33 hours of sick leave (40 ÷ 30)
  • After 30 weeks, you earn 40 hours of sick leave
  • If you work year-round, you’ll hit the 40 or 56-hour cap

Part-time workers earn proportionally:

  • Work 15 hours per week
  • Earn 0.5 hours of sick leave per week (15 ÷ 30)
  • After 80 weeks (about 1.5 years), you’ll have 40 hours accrued

Accrual begins immediately when you start a new job. You don’t have to wait a certain period before earning sick leave.

Example: Maya starts working at a retail store in Albany with 75 employees (40 hours paid sick leave). She works 30 hours per week. Each week she earns 1 hour of sick leave. After 40 weeks of work, she has 40 hours of sick leave available.

When You Can Start Using Sick Leave

You begin accruing sick leave on your first day of work, but your employer can require you to wait to use it.

Use waiting period: Employers can require you to wait up to 120 calendar days (about 4 months) before you can use accrued sick leave.

After 120 days: You can use all the sick leave you’ve accrued since day one.

Example: Tom starts a new job on January 1. He accrues sick leave from day one. His employer requires a 120-day waiting period. On May 1 (120 days later), Tom can start using his accrued sick leave. By May 1, he’s accrued about 16 hours of sick leave (working full-time). He can now use those 16 hours.

No waiting period required: Some employers allow immediate use of sick leave. This is more generous than the law requires.

Carryover Rules

Unused sick leave carries over to the next year, but employers can limit how much you carry.

Default rule: Unused sick leave carries over to the next year.

Employer caps:

  • Employers can limit carryover to 40 or 56 hours (depending on company size)
  • Employers can limit use to 40 or 56 hours per year, even if you have more accrued

Example: Sarah works for a company with 100+ employees (56-hour sick leave). In Year 1, she uses only 20 hours. She carries over 36 unused hours to Year 2. In Year 2, she accrues another 56 hours. She now has 92 hours total accrued. Her employer can cap her available use at 56 hours per year, even though she has 92 hours accrued.

Frontloading Option

Instead of accrual, employers can “frontload”—give you all your sick leave at the start of the year.

Frontloading means:

  • You receive 40 or 56 hours on January 1 (or your hire date)
  • You can use it immediately
  • You don’t accrue gradually
  • Unused time may or may not carry over (employer choice if frontloading)

Example: Devon’s employer frontloads 40 hours of sick leave on January 1 each year. Devon can use all 40 hours immediately if needed. He doesn’t accrue hour-by-hour.

What You Can Use Sick Leave For

New York sick leave covers a broad range of health and safety needs.

Your Own Health Needs

You can use sick leave when you’re sick, injured, or need medical care.

Covered uses include:

  • Illness or injury (flu, broken arm, migraine, etc.)
  • Medical diagnosis, treatment, or preventive care
  • Mental health care (therapy, counseling, treatment)
  • Dental care
  • Vision care
  • Routine check-ups and preventive screenings

“Preventive care” includes:

  • Annual physical exams
  • Cancer screenings
  • Vaccinations
  • Routine dental cleanings
  • Eye exams

Mental health is fully covered. You can use sick leave for therapy appointments, mental health treatment, or mental health days when you need them.

Example: Carlos has a dentist appointment for a root canal. He uses 4 hours of sick leave to attend the appointment and recover. This is a protected use.

Example: Jennifer is feeling depressed and anxious. She uses sick leave to attend her therapist appointment. Mental health care is a protected use of sick leave.

Caring for Family Members

You can use sick leave to care for sick family members or accompany them to medical care.

Covered family members include:

  • Your child (biological, adopted, foster, stepchild, legal ward)
  • Your spouse or domestic partner
  • Your parent (biological, adoptive, foster, stepparent, legal guardian)
  • Your sibling
  • Your grandchild
  • Your grandparent
  • The child or parent of your spouse or domestic partner

“Care” includes:

  • Staying home with a sick child
  • Taking a family member to a medical appointment
  • Caring for a family member after surgery
  • Providing care during illness

Example: Alicia’s 5-year-old son wakes up with a fever. She uses sick leave to stay home and care for him. This is a protected use.

Example: David’s father has a cardiology appointment. David uses sick leave to drive his father to the appointment and attend to ask questions. This is a protected use.

Domestic Violence, Sexual Assault, Stalking, and Human Trafficking

You can use sick leave to address situations involving domestic violence, sexual assault, stalking, or human trafficking affecting you or your family member.

Protected uses include:

  • Obtaining services from a domestic violence shelter or rape crisis center
  • Participating in safety planning
  • Temporarily relocating
  • Meeting with an attorney
  • Attending court proceedings
  • Filing a police report
  • Obtaining an order of protection

This protection is critical for victims who need time off to escape dangerous situations or seek legal protection.

Example: Maria needs to attend Family Court to obtain an order of protection against her abusive ex-partner. She uses sick leave for the court appearance. This is a protected use.

Example: Kevin’s sister is a victim of stalking. He uses sick leave to help her move to a safe location. This is a protected use.

Public Health Emergencies

When the governor declares a public health emergency, you can use sick leave if:

  • You’re subject to quarantine or isolation
  • You need to care for a family member subject to quarantine or isolation
  • Your child’s school or care provider is closed due to the emergency

Example: During COVID-19, when schools closed, parents could use sick leave to care for children at home. When someone tested positive and needed to quarantine, they could use sick leave during isolation.

How to Use Your Sick Leave

Using sick leave involves notifying your employer and potentially providing documentation.

Giving Notice to Your Employer

For foreseeable sick leave: Give as much advance notice as possible (doctor appointments, scheduled procedures, etc.).

For unforeseeable sick leave: Notify your employer as soon as practicable (you wake up sick, your child gets sick unexpectedly, etc.).

Your employer’s policy controls the notice method:

  • Some require calling before your shift starts
  • Some accept text or email
  • Some have specific call-in procedures

Follow your employer’s usual procedures for reporting absences. Sick leave doesn’t require special notification beyond what’s normal.

Example: Tamika wakes up with the flu at 6 a.m. Her shift starts at 9 a.m. She calls her supervisor at 6:30 a.m. following the normal call-in procedure. This satisfies the notice requirement.

Documentation Requirements

For sick leave under 3 days: Employers generally cannot require documentation.

For sick leave of 3 or more consecutive days: Employers can require “reasonable documentation” that the leave was for a covered purpose.

“Reasonable documentation” might include:

  • Doctor’s note confirming you needed care
  • Appointment confirmation
  • Documentation doesn’t need to state your diagnosis or medical details

Employer cannot require:

  • Specific medical diagnosis
  • Detailed medical records
  • More information than necessary to confirm covered use

No doctor’s note if no medical provider: If you’re sick but don’t see a doctor (common cold, flu, etc.), your employer generally can’t require documentation if you don’t have it.

Example: Jason uses 1 day of sick leave for a stomach bug. His employer cannot require a doctor’s note because it’s under 3 consecutive days.

Example: Keisha uses 4 consecutive days of sick leave for bronchitis. Her employer can request documentation. Keisha provides a doctor’s note stating she was under medical care from March 5-8. She doesn’t need to disclose her specific diagnosis.

Increments of Use

You can use sick leave in the increment your employer uses for other types of leave.

If your employer tracks leave in hours: You can use sick leave by the hour.

If your employer tracks leave in half-day or full-day increments: You can use sick leave in those increments.

Employers cannot require larger increments than they use for other leave.

Example: Fatima’s employer allows employees to use vacation time in hourly increments. She can also use sick leave by the hour. She uses 2 hours of sick leave for a morning doctor appointment.

Example: Robert’s employer only tracks leave in full-day increments. Robert uses sick leave in full-day blocks, even if his appointment only takes 2 hours.

Pay During Sick Leave

When you use paid sick leave, your employer must pay you at your regular rate.

For hourly employees:

  • You receive your regular hourly rate
  • If your rate varies, you receive the average rate over the last 52 weeks

For salaried employees:

  • You receive your normal salary
  • Sick leave doesn’t reduce your paycheck

For tipped employees:

  • You receive minimum wage (not the tipped minimum)
  • You don’t receive tips during sick leave because you’re not working

Overtime: Sick leave is not “hours worked” for overtime purposes. You only earn overtime if your hours worked (not including sick leave) exceed 40 in a week.

Example: Linda is an hourly worker earning $20 per hour. She uses 8 hours of sick leave. She receives $160 in pay for that sick leave day.

Example: Marcus is a waiter earning $10/hour in tips. When he uses sick leave, he receives minimum wage (currently $15.00/hour in most of NY as of 2025), not his tipped wage plus tips.

Employer Obligations and Prohibitions

New York law prohibits retaliation and requires specific employer actions.

No Retaliation Allowed

Employers cannot retaliate against you for requesting or using sick leave.

Illegal retaliation includes:

  • Firing you for using sick leave
  • Disciplining you for requesting sick leave
  • Denying promotion because you took sick leave
  • Counting sick leave as an “occurrence” under attendance policies
  • Creating a hostile work environment after you use sick leave

Example: Tanya uses 3 days of sick leave for the flu. When she returns, her manager gives her a written warning for “poor attendance.” This is illegal retaliation if the absence was covered sick leave.

Notice Posting Requirements

Employers must post a notice about sick leave rights where employees can easily see it.

The notice must explain:

  • Employees’ rights to sick leave
  • Employer size and sick leave amount
  • How to file a complaint

Get the official notice from the NY Department of Labor website.

No Use-It-Or-Lose-It

Employers cannot have “use-it-or-lose-it” policies that eliminate accrued sick leave at the end of the year (unless they frontload and properly notify employees).

Carryover is required unless the employer frontloads all sick leave at the beginning of the year.

Cannot Require Replacement Workers

Your employer cannot require you to find coverage for your shift as a condition of using sick leave.

Employers must handle coverage just like they would for any other absence.

Example: Sophie calls in sick at a restaurant. Her manager says, “You need to find someone to cover your shift or you’re fired.” This is illegal. The employer must handle scheduling.

Counting Sick Leave Under Attendance Policies

Employers cannot count sick leave as an “absence” or “occurrence” under attendance point systems.

Example: Kevin’s employer has a policy: 5 absences = termination. Kevin uses 3 days of protected sick leave. The employer cannot count these 3 days as “absences” toward the 5-absence threshold.

Note: Employers can still have attendance policies. They just can’t count legally protected sick leave against you.

NYC-Specific Provisions

New York City has additional sick leave protections beyond state law. If you work in NYC, you have extra rights.

NYC Safe and Sick Leave includes:

  • Coverage for more family members (any individual whose health may be dependent on you)
  • Additional protections for safe leave uses
  • Stronger anti-retaliation provisions

If you work in NYC: Check NYC’s Paid Safe and Sick Leave page for complete information.

Sick Leave vs. Other NY Leave Laws

New York has multiple leave laws. Understanding how sick leave fits with other programs prevents confusion.

Sick Leave vs. Paid Family Leave (NYPFL)

Sick leave:

  • Short-term absences (hours or days)
  • Your own minor illness, routine medical care
  • Caring for mildly sick family members
  • 40-56 hours per year

Paid Family Leave:

  • Extended absences (weeks)
  • Bonding with new child
  • Caring for family member with serious health condition
  • 12 weeks per year at 67% pay

You might use both: Use sick leave for a doctor appointment, then use NYPFL for 12 weeks of serious family caregiving.

Example: Rita uses 2 days of sick leave when her son gets the flu. Six months later, her mother is diagnosed with cancer. Rita uses 10 weeks of NYPFL to help her mother through chemotherapy. These are separate leave entitlements.

Sick Leave vs. Disability Benefits Law (DBL)

Sick leave:

  • Short absences for minor illness
  • You get full pay (for paid sick leave)
  • Limited to 40-56 hours per year

Disability Benefits Law:

  • Extended disability (your serious illness/injury)
  • You get 50% pay
  • Up to 26 weeks per year

You might use both: Use sick leave for the first few days of illness. If it becomes a serious disability, apply for DBL.

Example: Marcus wakes up with severe back pain. He uses 3 days of sick leave. His condition worsens, and his doctor says he needs 8 weeks off for herniated disc treatment. Marcus applies for DBL for those 8 weeks.

Sick Leave vs. FMLA

Sick leave:

  • 40-56 hours per year
  • Paid (usually)
  • All covered employers (1+ employees)

FMLA:

  • 12 weeks per year
  • Unpaid
  • Only employers with 50+ employees

Employers may require concurrent use: If you’re taking FMLA leave, your employer may require you to use accrued sick leave at the same time, so you get paid during FMLA.

Example: Danielle takes FMLA leave for her own serious health condition. She has 40 hours of sick leave accrued. Her employer requires her to use sick leave concurrently with FMLA. Her first week of FMLA is paid (using sick leave). The remaining 11 weeks are unpaid.

Real-World Examples: How NY Paid Sick Leave Works

Example 1: Flu Season
Miguel works at a grocery store in Brooklyn (employer has 80 employees = 40 hours paid sick leave). He catches the flu and uses 3 days (24 hours) of sick leave to recover. He receives his regular pay for those days. His employer cannot count this absence against him or require a doctor’s note since it’s under 3 consecutive days.

Example 2: Routine Doctor Appointment
Ashley has her annual physical exam scheduled. She uses 4 hours of sick leave to attend the appointment. Preventive care is a covered use. She gives her employer advance notice since the appointment is scheduled weeks ahead.

Example 3: Sick Child
Kendra’s 3-year-old son wakes up vomiting. Kendra calls her employer that morning and uses sick leave to stay home and care for him. Caring for a sick child is a protected use. Her employer cannot require her to find shift coverage.

Example 4: Mental Health Day
Carlos is feeling severe anxiety and depression. He uses sick leave to attend his therapist appointment and take care of his mental health. Mental health is fully covered under the law. His employer cannot ask for details about his mental health condition.

Example 5: Domestic Violence Court Appearance
Stacy needs to go to court to obtain an order of protection against her ex-boyfriend. She uses sick leave for the court appearance. Domestic violence situations are a protected use. Her employer cannot ask her to prove details of the situation beyond confirming she had a qualifying use.

Example 6: Part-Time Worker Accrual
Janelle works 20 hours per week at a cafe in Rochester (employer has 12 employees = 40 hours paid sick leave). She earns 0.67 hours of sick leave per week (20 ÷ 30). After working 60 weeks, she’s accrued 40 hours. She uses 16 hours when she gets bronchitis.

Example 7: Elderly Parent Care
Omar’s 78-year-old father has a cardiology appointment. Omar uses 6 hours of sick leave to drive his father to the appointment, wait with him, and bring him home. Caring for a parent is a protected use.

Example 8: Waiting Period Application
Natasha starts a new job at a law firm on January 1. Her employer has a 120-day waiting period. She accrues sick leave starting January 1, but she cannot use it until May 1. By May 1, she’s accrued about 21 hours (working full-time). After May 1, she can use all 21 accrued hours.

Example 9: Documentation Request
Trevor uses 5 consecutive days of sick leave for a serious illness. His employer requests documentation. Trevor provides a doctor’s note stating he was under medical care from June 1-5. The note doesn’t state his diagnosis. This satisfies the documentation requirement.

Example 10: Retaliation Complaint
Lisa uses 2 days of sick leave for her own illness. When she returns, her manager reduces her hours as punishment. Lisa files a complaint with the New York Department of Labor. The department investigates and finds the employer violated the law by retaliating.

Example 11: Very Small Employer
DeShawn works for a startup with 3 employees earning $400,000 annually (under $1 million). He accrues 40 hours of sick leave, but it’s unpaid. When he uses 3 days of sick leave, he gets job protection but no pay. This is legal for very small employers under the revenue threshold.

Example 12: Tipped Worker Pay
Elena works as a bartender earning $10/hour in wages plus tips. When she uses sick leave, she receives $15/hour (current minimum wage in most of NY), not her tipped wage. She doesn’t receive tips because she’s not working.

Example 13: Frontloading
Rachel’s employer frontloads 40 hours of sick leave on January 1 each year. Rachel uses 15 hours in March for various appointments. By December, she’s used 38 hours total. The unused 2 hours don’t carry over because her employer frontloads each year and has a policy against carryover when frontloading.

Example 14: Intermittent Use
Jamal has diabetes requiring regular monitoring. He uses sick leave intermittently for doctor appointments throughout the year—2 hours here, 4 hours there. By November, he’s used 32 of his 40 hours. This intermittent use is fully protected.

Example 15: Pregnancy-Related Use
Tina is pregnant and has morning sickness. She uses sick leave for days when she’s too sick to work. She also uses sick leave for prenatal appointments. Both are protected uses. Later, when she’s unable to work due to pregnancy disability, she’ll switch to Disability Benefits Law (DBL) for longer-term leave.

Frequently Asked Questions

Can my employer deny my sick leave request?
If you’re using sick leave for a covered purpose, your employer cannot deny it. They can request documentation if you’re out 3+ consecutive days, but they can’t deny leave for legitimate covered uses.

Do I get paid for unused sick leave when I quit?
No. New York law doesn’t require employers to pay out accrued sick leave when you leave your job. It’s use-it-or-lose-it upon termination.

What if my employer doesn’t provide sick leave?
File a complaint with the New York Department of Labor. The department can investigate and require the employer to provide sick leave and pay penalties.

Can I use sick leave for routine dental work?
Yes. Dental care is a covered medical purpose.

Can my employer ask why I need sick leave?
Your employer can ask if your absence is for a covered purpose. They can request documentation for 3+ consecutive days. But they cannot require you to disclose your specific medical diagnosis or detailed private health information.

What if I run out of sick leave?
If you’ve used all your sick leave, you have no legal right to more (unless you qualify for other leave like FMLA or NYPFL). Your employer may allow unpaid time off, but it’s not required by this law.

Can I use sick leave for my grandmother?
Yes. Grandparents are covered family members under New York sick leave law.

Does sick leave count toward overtime?
No. Sick leave hours are not “hours worked” for overtime calculation purposes. You only get overtime if your actual hours worked exceed 40 in a week.

Can seasonal workers get sick leave?
Yes. Seasonal workers accrue sick leave just like other employees (1 hour per 30 hours worked). However, if you only work a few months per year, you’ll accrue less total sick leave.

Can my employer require a doctor’s note for one sick day?
Generally no, if it’s under 3 consecutive days. Employers can only require documentation for 3 or more consecutive days of sick leave use.

Related Topics

Legal Disclaimer

This guide provides general information about New York paid sick leave law and is not legal advice. Sick leave rules can be complex, and your specific situation may involve unique factors. If your employer denies your sick leave rights, retaliates against you, or violates the law, consult a qualified New York employment attorney. Laws change regularly; verify current requirements with the New York Department of Labor or legal counsel.

Need Legal Help?
If your employer violated your sick leave rights, retaliated against you, or denied you proper sick leave, contact an employment attorney today. Many offer free consultations to review your case and explain your legal options.