New York’s Paid Sick Leave in 2025: Updated Rules for Workers and Businesses

Employees are guaranteed protected time off for health and safety concerns under New York’s paid sick leave laws. The majority of employers are required by New York Labor Law Section 196-b to offer their workers paid or unpaid sick leave, with certain accrual rates and usage caps. Businesses in the state are impacted by requirements that differ according to employer size and net revenue.

Employers are required to keep track of sick leave accruals, keep the necessary records, and make sure that local and state laws are followed. This includes extra restrictions for employers in New York City, who have to follow different paid sick leave laws.

Frequently Asked Questions Regarding Paid Sick Leave in New York

Employers and employees alike must be aware of the fundamentals of paid sick leave in New York. The law lays forth precise rules for accruing and using leave, including obligations that increase in proportion to the size and income of the business. What you need to know to maintain compliance is as follows.

In New York, who is eligible for paid sick leave?

Except for government employees, all workers in the state of New York are entitled to sick leave benefits. The majority of employees will have access to protected time off when needed for health-related reasons thanks to this extensive coverage.

Which companies are required to offer this leave?

Although the exact rules differ, all employers in New York who employ people are required to offer sick leave benefits. The criteria of the New York paid sick leave statute are based on the size of the business and, in the case of smaller companies, the net income from the prior fiscal year. As a result, a just system that takes into account both labor size and financial capacity is created.

How much leave must businesses offer?

For every thirty hours worked, employees are entitled to one hour of sick leave. Employees have instant access to sick leave as soon as they accrue it, although the quantity of leave and whether it is paid depend on the size of the firm.

• Four or fewer workers earning more than $1 million in net income: 40 hours of paid time off
• 4 or fewer employees with net income under $1M:  Forty hours of unpaid leave
• Employees 5–99: 40 hours of paid time off
• Over 100 workers: 56 hours of paid time off

Employers are also required to offer 20 hours of paid prenatal personal leave per year starting in 2025.

What is the use of paid sick leave in New York?

Workers may take time off for preventative care, illness of themselves or a family member, and circumstances including sexual offenses, domestic abuse, stalking, or human trafficking. The legislation recognizes a variety of family arrangements and caregiving responsibilities by defining family members broadly to include parents, siblings, grandparents, spouses, children, domestic partners, and some in-laws.

Pregnancy-related healthcare services, including as physical examinations, medical procedures, monitoring and testing, and consultations with a healthcare practitioner to discuss the pregnancy, will be covered by an additional 20 hours of paid prenatal personal leave starting in 2025.

What does this have to do with other kinds of leave?

As long as the policy allows for leave for the same reasons and offers at least as much leave as the sick leave law mandates, employers can use an existing paid time off or sick leave policy to meet these sick leave criteria.

Can businesses restrict the number of sick days that workers can take in a given year?

The size of the employer determines the usage limits. Usage can be capped at 40 hours annually for organizations with less than 100 employees and 56 hours annually for companies with 100 or more. Although the rule does not allow for total accrual ceilings, employees are nonetheless bound by the 40 or 56 hour yearly usage caps.

Is it possible for companies to offer all of the leave at once rather than allowing it to accrue?

Employers are allowed to frontload the entire amount of leave at the beginning of the year, but they are not allowed to lower this amount in light of actual hours worked. Unused leave must be carried over to the following year, even with frontloading. Employers may give prorated compensation to part-time workers, but they must keep track of hours worked and permit further accrual if necessary.

Does unused leave have to be carried over by employers?

Sick leave limits still apply, however unused time is carried over to the next year. As an alternative to carryover, employers can reimburse employees for unused leave at the end of the year. Even when leave is frontloaded, these conditions still hold true.

What is the minimum amount of leave that an employee is permitted to take?

Employers are allowed to set fair minimum increments for sick leave use, up to a maximum of four hours. You can take prenatal leave in increments of one hour.

What notice is required of both employers and employees?

Employers must communicate their sick leave policy in writing or by posting, and provide leave balance summaries within three days of employee requests. While no specific timeframe is mandated, employees must submit an oral or written request before using paid sick leave.

What kind of proof are employers allowed to request?

For absences of three or more consecutive days, employers may request verification but cannot demand confidential health information or details about domestic violence situations.

Are employees’ jobs and benefits protected when they take this leave?

Employees must be reinstated to their same position with identical pay and benefits after taking sick or prenatal personal leave. No payout of unused sick leave is required at separation. The law does not address reinstatement of previously accrued leave for rehired employees.