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Clarence, NY Employment Preemption: Paid Leave Preemption (2026)

Heavy Restrictions

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Key Facts

Sick leave: Up to 56 hours/year
Family leave: 12 weeks at 67% AWW
Sick law: Labor Law § 196-b
Family law: WCL Article 9

New York state rule: Clarence does not have a local ordinance for paid leave preemption. This topic is governed by New York state law and applies uniformly across the state.

Summary

New York mandates paid sick leave under Labor Law § 196-b and paid family leave under Workers' Compensation Law Article 9, with statewide coverage that applies to nearly every private employer.

Full Breakdown

Labor Law § 196-b requires private employers to provide up to 40 or 56 hours of sick leave per year depending on size and net income, accrued at one hour per 30 worked. Paid Family Leave under WCL Article 9 provides up to 12 weeks of partial wage replacement at 67% of average weekly wage, funded through employee payroll deduction and administered through disability carriers. New York also enforces a separate COVID-19 sick leave law. Localities such as New York City and Westchester maintain stricter local sick leave but cannot reduce the floor.

Violations & Fines

Failure to provide leave or retaliation against employees who use it can result in restitution, civil penalties up to $20,000, and potential injunctive orders by the Department of Labor.

Frequently Asked Questions

Does New York paid sick leave apply to small businesses?

Yes. Even employers with fewer than five employees must provide up to 40 hours of unpaid sick leave, and most must provide 40 or 56 hours of paid leave depending on size.

How is paid family leave funded in New York?

Employees fund Paid Family Leave through a small payroll deduction set annually by the Department of Financial Services. Employers do not pay into the program directly.

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Clarence, NY Employment Preemption: Paid Leave Preemption (2026)

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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