Sick Leave for New York Employees: What You Need to Know in 2025
March 28, 2025
Ever woken up in Manhattan with a cold that makes the subway seem even louder, or caught the flu while working in Brooklyn that not even the best slice of pizza could cure? Here's something as solid as the bedrock under our skyscrapers: New York State has one of the most comprehensive paid sick leave laws in the nation.
Key Objectives:
Here's what makes New York's approach special: Like our reputation for setting trends, we've established strong worker protections. Since 2020, New York has required employers of all sizes to provide paid or unpaid sick leave. Whether you're working in a startup in Long Island City, teaching in Buffalo, or serving tourists in the Finger Lakes, you're covered.
The amount of leave depends on employer size: from 40 hours for small businesses to 56 hours for larger ones.
New York has some of the strongest worker protections in the country, including mandatory sick leave for all employees under the New York State Paid Sick Leave Law (NYPSL). Additionally, New York City and Westchester County have their own local sick leave laws that provide additional benefits. Here's everything you need to know about sick leave in New York in 2025.
Does New York Require Paid Sick Leave?
Yes. Under the New York State Paid Sick Leave Law (NYPSL), all employers must provide paid or unpaid sick leave, depending on their size and net income.
How Sick Leave Works in New York
Who Is Covered?
- All private-sector employees, including full-time, part-time, temporary, and seasonal workers.
- Independent contractors are not covered but may negotiate leave policies with their employers.
Accrual and Usage
- Accrual Rate: Employees earn 1 hour of sick leave for every 30 hours worked.
- Start Date: Employees begin accruing sick leave on their first day of work.
- Waiting Period: Employees may start using sick leave immediately upon accrual.
When Can Sick Leave Be Used?
Under NYPSL, employees may use sick leave for:
- Personal Health Needs:
- Illness, injury, or health conditions.
- Medical diagnosis, care, or preventive treatment.
- Family Care:
- Caring for a spouse, child, parent, grandparent, grandchild, or sibling.
- Public Health Emergencies:
- When an employer or health authority closes the workplace.
- When a child’s school or childcare provider is closed due to a public health emergency.
- Domestic Violence or Sexual Assault Recovery:
- Seeking medical care, counseling, relocation, or legal assistance.
New York City & Westchester County Sick Leave Laws
New York City and Westchester County have additional sick leave laws that expand on NYPSL.
New York City Sick Leave
- Applies to all businesses with 5+ employees.
- Employees can use leave for safe leave purposes, including stalking, sexual assault, and domestic violence recovery.
- Employers must provide notice of sick leave rights at the start of employment.
Westchester County Sick Leave
- Covers all private-sector employers.
- Employees can use sick leave for public health emergencies.
Employer Obligations in New York
- Provide Notice: Employers must inform employees of their right to sick leave.
- Track Accrual and Usage: Employers must keep records of sick leave accrual and use for at least six years.
- No Retaliation: Employers cannot retaliate against employees for using sick leave.
Carryover and Payout of Sick Leave
Interaction with Other Leave Laws
New York’s Paid Sick Leave Law works alongside other state and federal laws, including:
- New York Paid Family Leave (NYPFL): Provides up to 12 weeks of partially paid leave for family caregiving or bonding with a new child.
- Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid leave for medical or family-related reasons.
- New York COVID-19 Paid Sick Leave: Ensures employees receive job-protected paid leave if they are required to quarantine or isolate due to COVID-19.
COVID-19 and Sick Leave in New York
Employees can use New York’s paid sick leave for COVID-19-related reasons, including:
- Testing, treatment, or recovery from COVID-19.
- Quarantine or isolation due to exposure.
- Caring for a family member with COVID-19.
New York COVID-19 Paid Sick Leave remains in effect for employees required to isolate by a government agency or doctor.
FAQs About Sick Leave in New York
Q: Can employers require a doctor’s note?
A: Employers may request documentation if an employee uses more than three consecutive workdays of sick leave. However, employers cannot require employees to disclose specific health details.
Q: Can part-time and temporary workers earn sick leave?
A: Yes. All employees, regardless of part-time, seasonal, or temporary status, accrue sick leave at the same rate.
Q: What happens if my employer does not provide sick leave?
A: Employees can file a complaint with the New York Department of Labor (DOL). Employers who violate the law may face fines and back pay requirements.
Common Misconceptions About Sick Leave in New York
- “Only full-time employees qualify for sick leave.”
False. The law applies to all employees, including part-time, seasonal, and temporary workers.
- “Employers must pay out unused sick leave at termination.”
False. New York does not require employers to pay out unused sick leave unless company policy specifies otherwise.
- “Employers can deny sick leave requests.”
False. If an employee has accrued sick leave, the employer must allow them to use it.
Why Sick Leave Matters
New York’s Paid Sick Leave Law provides critical protections for workers, allowing them to care for their health and families without fear of losing wages. For employers, offering sick leave fosters a healthier workplace, reduces turnover, and improves employee morale.
Final Thoughts
Sick leave in New York is a fundamental right for nearly all employees. Employers must comply with state and local sick leave laws to avoid penalties and provide necessary benefits. Employees should understand their rights and consult their employer’s policies for specific details.
Understanding your sick leave rights in New York can feel like navigating the streets of Manhattan - it helps to know the grid. Whether you're an employee trying to understand your benefits or an employer looking to create supportive policies, staying informed is crucial.
If you're a business looking to navigate New York's employment landscape while expanding your workforce, consider partnering with an Employer of Record (EOR) service. They can help manage your HR compliance, payroll, and benefits administration while you focus on growing your business. Learn more about EOR services and how they can simplify your employment needs at TCW Global's EOR solutions.
Remember, New York's paid sick leave law reflects our state's commitment to worker protection - as iconic as the Statue of Liberty herself. Like our state motto "Excelsior" (Ever Upward), we believe in lifting up our workforce through strong benefits and protections.
Need specific guidance? Consider consulting with your HR department, reviewing your employee handbook, or speaking with an employment law professional who understands New York's unique business environment.
For more information, visit the New York Department of Labor or consult your employer’s handbook.
Need Help?
Need help managing your contingent workforce? Contact TCWGlobal today to learn more.
Whether you need expertise in Employer of Record (EOR) services, Managed Service Provider (MSP) solutions, or Vendor Management Systems (VMS), our team is equipped to support your business needs. We specialize in addressing worker misclassification, offering comprehensive payroll solutions, and managing global payroll intricacies.
From remote workforce management to workforce compliance, and from international hiring to employee benefits administration, TCWGlobal has the experience and resources to streamline your HR functions. Our services also include HR outsourcing, talent acquisition, freelancer management, and contractor compliance, ensuring seamless cross-border employment and adherence to labor laws.
We help you navigate employment contracts, tax compliance, workforce flexibility, and risk mitigation, all tailored to your unique business requirements. Contact us today at tcwglobal.com or email us at hello@tcwglobal.com to discover how we can help your organization thrive in today's dynamic work environment. Let TCWGlobal assist with all your payrolling needs!
