Paid sick leave in New York: up to 40 or 56 hours a year, plus more in New York City

What is it?

Job-protected time off you earn while working, to use when you or a family member is sick, needs medical care, or needs safety help. It's in addition to any vacation your employer offers, and when you come back you must get your same job back with the same pay and terms (§ 196-b(10)).

Who qualifies?

All private-sector employees in New York State — full-time and part-time, in any industry, including overtime-exempt employees. Government employees are not covered by this law. Leave starts building up from your first day of work (§ 196-b(3)).

Family members include your child, spouse, domestic partner, parent, sibling, grandchild or grandparent, and the child or parent of your spouse or domestic partner (§ 196-b(4)(b)). New York City's law uses a broader definition that also covers anyone whose close association with you is the equivalent of family.

Exceptions

• Employers with 4 or fewer employees and net income of $1 million or less in the previous tax year may give the 40 hours unpaid.
• A union contract may provide a comparable benefit instead, if it specifically acknowledges § 196-b (§ 196-b(9)).
• An employer whose existing leave policy meets or beats these amounts and rules doesn't have to add more (§ 196-b(8)).
• Unused sick leave doesn't have to be paid out when you leave the job (§ 196-b(6)).
• New York City: employers must also give 32 hours of unpaid protected time off, available immediately each year (from February 22, 2026), and NYC leave can be used for more reasons, including child care, public benefits or housing appointments and declared public disasters.

How much?

Up to 56 hours a year if your employer has 100 or more employees; up to 40 hours a year (paid) with 5–99 employees; up to 40 hours a year with 4 or fewer employees — paid if the employer's net income in the previous tax year was over $1 million, unpaid otherwise (§ 196-b(1)). Employee count is based on the January–December calendar year.

Paid sick leave is paid at your regular rate of pay or the applicable minimum wage, whichever is greater (§ 196-b(5)(b)). In New York City, DCWP describes the total as up to 72 or 88 hours a year: the 32 unpaid hours plus 40 or 56 paid hours.

How is it calculated?

You earn at least 1 hour for every 30 hours worked (§ 196-b(3)). Example: 30 hours a week for 10 weeks = 300 hours = 10 hours of sick leave. Unused hours carry over to the next year, but the employer may limit use to 40 hours a year (under 100 employees) or 56 hours (100 or more) (§ 196-b(6)). An employer may instead front-load the full amount at the start of the year, and then can't reduce it based on hours you actually work (§ 196-b(2)). The employer can set a minimum increment for using leave, but not more than four hours (§ 196-b(5)(b)).

What documents do you need?

• Usually nothing: you can request leave orally or in writing (§ 196-b(4)(a)).
• Your employer can't require you to disclose confidential information about your or your family member's health condition, or about domestic violence, as a condition of leave (§ 196-b(5)(a)).
• To check your balance, ask: the employer must give you a summary of sick leave accrued and used within three business days of your request (§ 196-b(11)).
• Keep your own copies of requests and responses.

How do you get it?

1. 1

   Ask your employer

   Tell your employer, orally or in writing, that you're using sick leave. Follow any reasonable call-in procedure in your handbook, and keep a copy of what you sent.

2. 2

   Check your pay stub

   Make sure paid sick hours appear and are paid at your regular rate (or the minimum wage, if higher).

3. 3

   Ask for your balance

   If you're not sure how many hours you have, ask for the written summary; it's due within three business days.

What if they refuse?

Your employer can't fire, threaten, discipline or otherwise retaliate against you for requesting or using sick leave (§ 196-b(7)), and Labor Law § 215 also protects legally protected absences, including against attendance 'points' that could lead to discipline. You can file a complaint with the NYS Department of Labor's Division of Labor Standards.

In New York City, you can complain to DCWP (call 311 and say 'Protected Time Off'). DCWP or a judge can order, for example, three times the wages owed or $250 (whichever is more) for each time leave was taken but not paid, and $500 for each time leave was unlawfully denied.

Deadlines

For NYC's law, complaints to DCWP or in court must be filed within two years of when you knew or should have known of the violation. For the state law, complain to the NYS Department of Labor promptly — it doesn't accept claims older than three years — and note that retaliation claims under § 215 must be brought in court within two years.

Frequently asked questions

Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

• N.Y. Labor Law (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 196-b(1)–(11), § 215 · Checked: October 30, 2026
  Amounts, accrual, uses, family members, privacy, increments, carryover, retaliation, restoration, balance summary
• New York Paid Sick Leave (opens in a new tab)
  The State of New York (ny.gov) · Checked: October 30, 2026
  Who is covered and amounts by employer size
• Protected Time Off Law (Earned Safe and Sick Time Act) FAQs (opens in a new tab)
  NYC Department of Consumer and Worker Protection (DCWP) · Checked: October 30, 2026
  NYC protected time off, broader reasons, remedies and two-year deadline
• Workers' Bill of Rights — NYC DCWP (opens in a new tab)
  NYC Department of Consumer and Worker Protection (DCWP) · Checked: October 30, 2026
  NYC totals of 72 or 88 hours
• Labor Standards — NYS Department of Labor (opens in a new tab)
  New York State Department of Labor · Checked: October 30, 2026
  Where to complain about state sick leave

Related questions

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