State Specific

New york sick time law

January 6, 2026NYstate-laws

New York Sick Time Law: A Practical Compliance Guide for Employers (SwiftSDS)

If you’re searching for the New York sick time law, you likely need a clear answer to three questions: who must provide sick leave, how much is required, and what employers must do to stay compliant. New York’s statewide paid sick leave requirements (often searched as new york paid sick leave, new york sick leave law, or ny law sick days) apply to most private employers, and New York City also has its own enforcement history and rules that many refer to as the nyc sick day law or sick leave nyc law.

Below is a focused, employer-friendly breakdown to help HR teams and business owners implement compliant policies and documentation.

Overview of the New York Paid Sick Leave Requirement (Statewide)

New York’s statewide sick leave requirement is established under the New York Labor Law and implemented by the New York State Department of Labor (NYSDOL). In practice, the law requires employers to provide sick leave that accrues over time, with the amount (and whether it’s paid) tied to employer size and net income.

Who is covered?

Most employees working in New York State are covered, including full-time, part-time, and many temporary employees. (Limited exceptions can apply for certain public employees and positions governed by different statutory schemes.)

How much leave is required?

Under the statewide framework:

  • Employers with 4 or fewer employees and net income of $1 million or less: provide up to 40 hours of unpaid sick leave per year.
  • Employers with 4 or fewer employees and net income over $1 million: provide up to 40 hours of paid sick leave per year.
  • Employers with 5–99 employees: provide up to 40 hours of paid sick leave per year.
  • Employers with 100+ employees: provide up to 56 hours of paid sick leave per year.

This is the core requirement behind common searches like new york sick pay and new york paid sick leave.

Accrual, Frontloading, and Carryover Rules (Actionable Policy Steps)

A compliant policy usually succeeds or fails on mechanics—how time is earned, tracked, and made available.

Accrual rate

Employees accrue sick leave at at least 1 hour for every 30 hours worked. Employers can allow faster accrual, but not slower.

Compliance tip: Ensure your timekeeping system can track accrual for non-exempt employees and any employees with variable schedules.

Frontloading option

Employers may “frontload” the full annual allotment at the beginning of the year rather than tracking accrual. If you frontload, confirm your approach meets the annual entitlement (40 or 56 hours) based on employer size/income.

Carryover and annual caps

Employees are generally permitted to carry over unused sick leave into the next year, but employers may still cap annual use at the yearly maximum (40 or 56 hours, depending on employer size/income).

Policy best practice: Your handbook should clearly state:

  • accrual or frontload method,
  • carryover rules,
  • the annual usage cap, and
  • the definition of the “year” used (calendar year, anniversary year, fiscal year).

Permitted Uses of Sick Leave in New York

New York sick leave can be used for more than an employee’s own illness. Generally permitted uses include:

  • The employee’s or a covered family member’s mental or physical illness, injury, or health condition
  • Medical diagnosis, care, or treatment (including preventive care)
  • Certain situations related to domestic violence, sexual offense, stalking, or human trafficking (e.g., seeking services, relocation, legal assistance)

Compliance tip: Train supervisors not to narrowly interpret “sick time” as only a cold or flu. A narrow interpretation is a common source of complaints.

Pay Requirements: What “Sick Pay NYC” Searches Often Miss

For paid leave, the employee must be paid at their regular rate of pay (subject to rules that apply to how “regular rate” is calculated for employees with multiple rates, commissions, or differentials).

When people search sick pay nyc or sick day pay nyc, they’re often trying to confirm whether paid sick time is mandatory in NYC. The key employer takeaway is:

  • NY State law sets a statewide baseline, and
  • NYC employers must ensure their policy meets or exceeds the applicable requirements.

Because NYC enforcement and employee awareness are high, New York City employers should be especially careful about documentation, supervisor training, and correct payroll treatment.

Notice, Documentation, and Anti-Retaliation Requirements

Employee notice rules (practical approach)

Employers may set reasonable procedures for employees to request sick leave (for example, how to notify a manager, or using an HRIS portal). However, policies should not be so burdensome that they effectively prevent use.

Avoid: Requiring employees to find their own replacement as a condition of using sick leave.

Documentation

Employers must be cautious with documentation demands. If you require documentation, ensure it’s consistent, reasonable, and compliant with privacy and leave laws.

Anti-retaliation

Retaliation is prohibited. That includes discipline, schedule cuts, or adverse actions because an employee used protected sick leave. This is a major enforcement trigger.

NYC “Sick Leave Law” vs. Statewide NY Sick Leave: How Employers Should Think About It

Many HR teams see searches like nyc sick pay law, sick leave nyc law, or nyc sick day law and wonder whether they must follow a separate set of rules.

A good compliance approach is:

  1. Start with the statewide New York sick leave law baseline, then
  2. Confirm any additional local obligations where the employee works (especially New York City), and
  3. Ensure your policy is written and administered to meet the stricter rule where applicable.

For posting and notice compliance by location, review SwiftSDS resources for your jurisdiction:

These pages help employers align workplace postings with the employee’s work location—an often-missed compliance step.

Required Posters and Notices: Don’t Overlook Federal Overlap

Even though sick leave is largely a state/local topic, most employers must still post core federal wage-and-hour notices. If you’re updating your leave policies, it’s a good time to confirm your posting packet is current, including the federal FLSA notice:

SwiftSDS compliance workflow suggestion: When you roll out a new sick leave policy, bundle it with (1) manager training, (2) payroll rule verification, and (3) posting compliance review.

Multi-State Employers: Keep Policies Consistent, But Not Uniform

If you operate in multiple states, avoid forcing a one-size-fits-all sick leave policy that accidentally under-complies in higher-requirement jurisdictions. Compare New York’s structure to other states to spot design differences:

And when an employee’s leave may also involve job protection beyond paid sick time, review:

  • Fmla nyc (how federal FMLA can overlap with NY/NYC leave scenarios)

Implementation Checklist (HR-Ready)

Use this quick checklist to operationalize the new york sick time law:

  1. Determine employer size and net income threshold (to confirm paid vs. unpaid and 40 vs. 56 hours).
  2. Choose accrual vs. frontloading and configure payroll/HRIS accordingly.
  3. Draft/update a written policy: eligibility, accrual, carryover, use cap, request procedure, pay treatment.
  4. Train managers on permitted uses and anti-retaliation rules.
  5. Confirm postings and notices for the worksite location using SwiftSDS:
  6. Audit payroll calculations for employees with variable rates to ensure correct “regular rate” sick pay.

FAQ: New York Sick Leave Law

Is New York paid sick leave mandatory?

For many employers, yes. Under statewide rules, employers meeting certain size/income thresholds must provide paid sick leave (40 or 56 hours annually). Very small employers below the income threshold may owe unpaid sick leave (up to 40 hours).

How does NYC sick leave relate to New York State sick leave?

NYC employers should ensure their policies meet statewide requirements and check whether any local NYC requirements or enforcement guidance affects documentation, notices, or administration. When in doubt, follow the rule that provides the employee greater protection.

Can employers require a doctor’s note for sick time in New York?

Employers should be careful. While some documentation policies may be allowed in limited situations, overly strict requirements can create compliance risk. A safer approach is to keep documentation requests reasonable, consistent, and tied to legitimate business needs.

Need help staying current on required postings and building a compliant multi-jurisdiction labor law system? SwiftSDS maintains location-specific resources, including the New York (NY) Posting Requirements, to support HR teams managing sick time and broader wage-and-hour compliance.