Sick Leave
Labor Law § 196-b — up to 40 hours of sick leave a year, or 56 at an employer of one hundred or more
| Employees in the year | Sick leave a year |
|---|---|
| Employees in the yearFour or fewer | Sick leave a yearUp to 40 hours, unpaid, or paid if the employer's net income was more than one million dollars the year before |
| Employees in the yearFive to ninety-nine | Sick leave a yearUp to 40 hours, paid |
| Employees in the yearOne hundred or more | Sick leave a yearUp to 56 hours, paid |
One hour for every thirty worked. Sick leave accrues at no less than one hour for every thirty hours worked, from the start of employment. An employer may instead give the whole amount at the start of the year, and then may not reduce it based on hours worked.
On an oral or written request, it is available:
- For a mental or physical illness, injury or health condition of the employee or a family member, diagnosed or not.
- For diagnosis, care, treatment or preventive care for the employee or a family member.
- When the employee or a family member is a victim of domestic violence, a family offense, a sexual offense, stalking or human trafficking: for services from a shelter or program, safety planning or relocating, meeting a lawyer or the district attorney, filing a police report, or enrolling children in a new school.
No medical details required. An employer may not require confidential information about the illness or condition, or about the domestic violence, as a condition of the leave. It may set a minimum increment of no more than four hours, and the leave is paid at the regular rate or the minimum wage, whichever is greater.
Twenty hours for prenatal care. Separately, every employer gives twenty hours of paid prenatal personal leave in any fifty-two week period, for health care services related to the employee's pregnancy.
Unused leave carries over to the next year, though an employer may cap its use at forty hours a year, or fifty-six hours at an employer of one hundred or more. It is not paid out when the job ends. Retaliating against an employee for requesting or using it is prohibited.
Sources for this section (1)
- Labor Law § 196-b — Sick leave requirements
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.