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.
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.
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.
See how New York's paid leave preemption rules stack up against other locations.
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