Charles JacksonDoes your New York employer have to give you paid sick leave? Yes — almost certainly. New York's Paid Sick Leave Law (NYLL §196-b), effective September 30, 2020, requires every employer in the state to provide paid or unpaid sick leave to employees based on employer size. Paid sick leave is not a policy option for most employers — it is a legal obligation.
This article answers the most common questions workers and employers have about New York's paid sick leave law, including how leave accrues, when it can be used, what employers cannot do, and how to file a complaint.
How much paid sick leave am I entitled to?
The amount depends on your employer's size and net income. New York uses a tiered system:
| Employer Size | Annual Sick Leave | Type |
|---|---|---|
| 100 or more employees | 56 hours (7 days) | Paid |
| 5–99 employees | 40 hours (5 days) | Paid |
| 4 or fewer employees, net income > $1M | 40 hours (5 days) | Paid |
| 4 or fewer employees, net income ≤ $1M | 40 hours (5 days) | Unpaid |
Source: NYLL §196-b; NY Dept. of Labor, 2026
Employer size is determined by the number of employees at any point in the calendar year — if an employer reaches 100 employees at any point during the year, the 56-hour tier applies for the entire year.
Important: New York City employers are additionally subject to the NYC Earned Safe and Sick Time Act, which may provide additional protections and slightly different thresholds. NYC workers should check both state and city rules, with the more protective standard applying.
How does sick leave accrue?
Leave accrues at a rate of one hour for every 30 hours worked. Accrual begins at the start of employment, and employees may begin using accrued leave after 120 calendar days of employment (approximately four months).
Leave accrues based on all hours worked, including overtime hours. A worker who works 60 hours in a week accrues 2 hours of sick leave that week (60 ÷ 30 = 2).
Accrual is continuous — you do not need to hit a minimum hours threshold per pay period. Part-time workers, seasonal employees, and hourly workers all accrue sick leave under the same rate.
Alternative front-loading: Instead of tracking accrual, employers may "front-load" the full annual leave entitlement at the beginning of each calendar year. An employer with 50 employees can simply grant all 40 hours at the start of January rather than managing per-hour accrual tracking. Employers who front-load cannot reclaim unused leave at year's end.
Does unused sick leave carry over to the next year?
Yes. Unused accrued sick leave carries over from one calendar year to the next. Employees do not lose accrued leave simply because the year ends. However, the employer may limit the total amount of leave used in any calendar year to the applicable tier (40 hours or 56 hours), even if the employee has accrued more.
Example: An employee at a 50-person company accrues 56 hours of sick leave by year-end and uses only 20 hours. The remaining 36 hours carry over into the next year. In the new year, the employee can use up to 40 hours total, and continues to accrue leave at 1 hour per 30 hours worked.
Employers who implement "use-it-or-lose-it" policies that require employees to forfeit accrued sick leave at year's end are in violation of NYLL §196-b. The law's carryover requirement cannot be waived by employer policy or employment contract.
What can sick leave be used for?
New York's paid sick leave law is broader than many workers realize. Leave may be used for:
- Employee's own illness, injury, or preventive care — any health condition, doctor's appointment, dental work, or preventive screening
- Care for a family member — illness, injury, or preventive care for a child, spouse, domestic partner, parent, sibling, grandchild, or grandparent
- Public health emergency closure — when the employee's workplace or a family member's school/care facility is closed by order of a public official due to a public health emergency
- Domestic violence, sexual assault, or stalking — for the employee or a family member to obtain medical treatment, legal services, counseling, or safe housing
The law does not permit employers to limit sick leave use to only the employee's own illness or to require a doctor's note for leave periods shorter than three consecutive days. Requesting unnecessary documentation — or imposing a documentation burden that discourages use — is a form of interference with leave rights.
Can my employer require me to find a replacement before taking sick leave?
No. NYLL §196-b explicitly prohibits employers from requiring employees to find a replacement worker as a condition of using sick leave. This rule addresses a common abuse in shift-work environments — particularly in retail, food service, and healthcare — where managers informally require workers to "find coverage" before approving leave, effectively making sick leave inaccessible.
An employer who conditions sick leave use on the employee finding a replacement is in violation of the law. Workers who face this practice should document the requirement in writing and file a complaint with the NYSDOL.
Can my employer retaliate against me for using sick leave?
No. Retaliation against an employee for using, requesting, or asserting their rights under the sick leave law is prohibited under NYLL §215. Protected activities include:
- Taking or requesting sick leave
- Asking questions about the sick leave policy
- Filing or cooperating with a NYSDOL complaint
- Testifying about sick leave violations
Prohibited retaliation includes termination, demotion, reduction in hours, denial of promotion, or any other adverse employment action. The burden of proof in retaliation cases shifts to the employer: once an employee shows they used sick leave and then suffered an adverse action, the employer must affirmatively show the action was not retaliatory.
À retenir: Document your leave requests — dates, how you notified your employer, and any response you received. This record is critical if a retaliation claim arises later.
Does an existing PTO policy satisfy the sick leave law?
An employer's existing paid time off (PTO) or sick leave policy satisfies NYLL §196-b if it provides at least as many paid sick leave hours as the law requires and permits use for all the purposes the law allows. Employers do not need to create a separate sick leave bank if their PTO policy already meets or exceeds the statutory minimum.
However, an employer who offers generous PTO but limits its permitted uses — for example, to the employee's own illness only, excluding family care or domestic violence circumstances — is not compliant with the law. The permitted uses must track those required by §196-b, even if the total hours are more than sufficient. Employers who transition employees from a legacy sick or PTO policy to a compliant policy cannot reduce the total leave entitlement or restrict uses in the transition.
What must my employer tell me about my sick leave?
Employers must provide written notice of their sick leave policy at the time of hire, or when a policy changes. The notice must include:
- Total accrual and usage limits per year
- Accrual rate (per-hour basis or front-loaded amount)
- Permitted uses
- Any documentation requirements
- The calendar year on which the policy is based
Employers must also keep records of sick leave accruals and usage for at least six years and make them available to employees upon request. Workers can request a summary of their current accrual balance at any time.
If you ask your employer for your accrual balance and they refuse to provide it, that refusal is itself a violation of the law.
How do I file a sick leave complaint in New York?
Step 1: Document the issue in writing — note the date you requested leave, the response you received, and any adverse action that followed.
Step 2: File a complaint with the NYSDOL Division of Labor Standards at dol.ny.gov. Complaints can be submitted online or by mail. The NYSDOL investigates at no cost to the employee.
Step 3: If you prefer, you can file a private civil lawsuit under NYLL §198 for unpaid sick leave wages, liquidated damages (100% of unpaid amounts), attorney's fees, and reinstatement if terminated.
Statute of limitations: Two years for NYSDOL complaints; six years for civil lawsuits under the NYLL. The longer window for civil suits often makes them more attractive for larger claims.
The NYSDOL has actively enforced the sick leave law since its 2020 effective date, issuing guidance, auditing employers in high-violation industries, and publishing educational materials for workers in multiple languages.
Disclaimer: This article provides general legal information about New York's paid sick leave law and does not constitute legal advice. Employment situations are fact-specific. Consult a licensed New York employment attorney or contact the NYSDOL at dol.ny.gov for guidance specific to your situation.
