New York Statewide Rule
Paid Sick and Family Leave in New York
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
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.
1. Every employer shall be required to provide its employees with sick leave as follows: a. For employers with four or fewer employees in any calendar year, each employee shall be provided with up to forty hours of unpaid sick leave in each calendar year; provided, however, an employer that employs four or fewer employees in any calendar year and that has a net income of greater than one million dollars in the previous tax year shall provide each employee with up to forty hours of paid sick leave pursuant to this section; b. For employers with between five and ninety-nine employees in any calendar year, each employee shall be provided with up to forty hours of paid sick leave in each calendar year; and c. For employers with one hundred or more employees in any calendar year, each employee shall be provided with up to fifty-six hours of paid sick leave each calendar year.
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, plus 20 hours of paid prenatal personal leave per year since January 1, 2025. 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's separate COVID-19 sick leave law expired July 31, 2025. Localities such as New York City and Westchester maintain stricter local sick leave but cannot reduce the floor.
Violations & Penalties
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?
How is paid family leave funded in New York?
Sources
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