What Employers and Employees Need to Know About New York State Sick Leave Law

Sick leave has become more than just a workplace benefit—it’s a critical protection for public health and worker well-being. In 2020, New York State passed a comprehensive sick leave law that applies to most private-sector employers and employees across the state. 

Whether you’re an employee trying to understand your rights or an employer looking to stay compliant, this guide breaks down the essentials.

Who Is Covered Under the Law?

The New York State Sick Leave Law applies to the vast majority of private-sector workers. That includes:

• Full-time, part-time, seasonal, and temporary employees
• Hourly and salaried workers
• Undocumented workers, who are protected under labor law regardless of immigration status

A few groups are exempt, such as federal employees and certain city employees covered under different systems. However, most workers in New York are entitled to some form of sick leave, and every employer is expected to comply, regardless of size.

How Much Sick Leave Is Required?

The amount of sick leave an employer must provide depends on company size and annual revenue:

• 0–4 employees + under $1 million in revenue: 40 hours of unpaid sick leave
• 0–4 employees + over $1 million in revenue: 40 hours of paid sick leave
• 5–99 employees: 40 hours of paid sick leave
• 100+ employees: 56 hours of paid sick leave
  
  

Employees can use sick leave for:

• Their own physical or mental illness
• Doctor’s appointments and preventive care
• Caring for a sick family member
• “Safe leave” related to domestic violence, stalking, sexual assault, or human trafficking

The law offers broad coverage to ensure that workers can take care of themselves or loved ones without fear of losing income—or their jobs.

Accrual, Usage, and Documentation Rules

Sick leave accrual begins on an employee’s first day of work. The standard accrual rate is 1 hour of sick leave for every 30 hours worked. Employers may choose to “front-load” leave—granting the entire annual allotment at once—rather than tracking hours. Employees can start using sick leave after 120 days of employment, though many employers allow earlier use.

Key rules include:

• Employers must carry over unused sick leave from year to year, though they may limit annual usage (40 or 56 hours, depending on business size)
• Workers are not required to disclose personal health details to use leave
  
  Employers may request documentation for absences longer than three days but cannot demand specifics.
• Sick leave must be job-protected—employees cannot be fired or disciplined for using it.
  
  

Common Pitfalls and Compliance Issues

For employers, one of the biggest challenges is proper tracking. Failing to monitor hours, accrual, or usage accurately can lead to legal trouble.

Other common issues include:

• Misclassifying employees as independent contractors to avoid compliance
• Demanding excessive documentation for valid sick leave
• Denying requests outright or discouraging use
• Forgetting to carry over unused time
• Retaliating against employees who use or request sick leave

For employees, the biggest issue is simply not knowing they’re entitled to sick leave—especially in part-time or low-wage positions. If you’re working in New York, it’s worth checking with your employer or an attorney if you suspect your rights are being violated.

Have questions about sick leave rights or compliance?

If you’ve been denied sick leave, disciplined for using it, or let go after requesting time off, it may be time to speak to an employment lawyer. At Lipsky Lowe LLP, we help workers assert their rights under New York’s labor laws. We also advise employers on how to implement sick leave policies, manage recordkeeping, and respond to employee concerns without violating the law. Contact us today for a consultation.