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New York paid sick leave law

New York employers must give 40 to 56 hours of sick leave a year based on size, plus 20 hours of paid prenatal leave since 2025.

Last checked: · Official government sources only

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Paid sick leave rules in New York

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What it can be used for

Own or family member's mental or physical illness, injury, diagnosis, treatment or preventive care, and safe leave for domestic violence, sexual offenses, stalking or human trafficking. Source: nysenate.gov↗ (opens in a new tab)

Notice and documentation

No proof may be required for absences under three consecutive scheduled workdays. You cannot require details of the illness. Minimum use increment cannot exceed 4 hours. Source: ny.gov↗ (opens in a new tab)

City and county laws

New York City's Earned Safe and Sick Time Act gives 40 or 56 paid hours plus 32 hours of unpaid protected time off and 20 hours of paid prenatal leave. Source: nyc.gov↗ (opens in a new tab)

Penalties

No specific penalty in Labor Law 196-b itself; the NYS Department of Labor enforces it and retaliation is banned. Source: nysenate.gov↗ (opens in a new tab)

Recent changes

Since 1 January 2025, all private employers must give 20 hours of paid prenatal leave per 52 weeks, on top of sick leave. No accrual, no carryover, no payout at separation. Source: ny.gov↗ (opens in a new tab)

The law and where to check

The law: N.Y. Labor Law § 196-b (opens in a new tab)

The agency: New York State Department of Labor (opens in a new tab)

What federal law says

No federal law requires private employers to give paid sick leave. Federal contractors must give up to 7 days a year under Executive Order 13706. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — EO 13706↗ (opens in a new tab)

Paid sick leave checklist for New York employers

A simple order of work, based on the rules above. It is not a legal checklist.

  1. Check whether your business size is covered by the rule above.
  2. Set up accrual in your payroll or HR system (or front-load the yearly amount).
  3. Write a sick leave policy covering accrual, the cap, carryover, notice and documentation.
  4. Show each employee's balance where your state requires it.
  5. Check for city or county sick leave laws where your staff work.
  6. Keep records of time earned and used.

More New York employment law guides

Paid sick leave laws in other states

See every state on one page, or pick a state:

Sources

All official government sources, last checked October 19, 2026.

Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.

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