New York City paid sick leave laws require employers to provide paid or unpaid sick leave, depending on employer size. These requirements are established under N.Y. City Admin. Code §20-911 to §20-924, as amended by Local Law No. 80, ensuring comprehensive protection for NYC workers.
Where local requirements interact with state regulations, employers must carefully coordinate compliance with both sets of rules. This guide outlines key requirements specific to New York City employers.
Common Questions About New York City Paid Sick Leave
Understanding New York City paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines based on employer size and revenue, with detailed requirements for both employers and employees. Here’s what you need to know to stay compliant.
Who can take paid sick leave in New York City?
All employees in New York City can take this leave, except for:
- Government employees
- Employees in certain work-study programs
- Some physical and occupational therapists and speech language pathologists
- Independent contractors
- Employees under certain collective bargaining agreements
Which employers have to provide this leave?
All employers with New York City employees must provide this leave.
How much leave do employers need to provide?
Employees accrue one hour of sick leave for every 30 hours worked, starting on their first day of work. Exempt employees are presumed to work 40 hours per week unless they typically work less, in which case accrual is based on their normal workweek.
Leave requirements vary by employer size (counted nationwide):
- 4 or fewer employees with over $1M net income: 40 hours paid leave per year
- 4 or fewer employees with $1M or less net income: 40 hours unpaid leave per year
- 5-99 employees: 40 hours paid leave per year
- 100+ employees: 56 hours paid leave per year
What can New York City paid sick leave be used for?
Employees can take leave for their own or a family member’s physical or mental illness, injury, or health condition, as well as diagnosis, care, treatment, or preventative care. New York City Paid sick leave also covers a workplace or child’s school closure due to public health emergency. Additionally, it includes issues related to domestic violence, family offense, sexual offense, stalking, or human trafficking, including:
- Getting help from shelters or service providers
- Safety planning or relocation
- Legal consultations
- Law enforcement reporting
- Meeting with district attorneys
- School enrollment
- Court proceedings
How does this relate to other types of leave?
Employers can use an existing sick leave or paid time off policy to comply with these requirements if it provides at least as much leave and allows for the same reasons for use.
Can employers limit how many hours of sick leave employees use in a year?
Annual usage limits for New York City paid sick leave are determined by employer size. Organizations with fewer than 100 employees can limit usage to 40 hours per year, while those with 100 or more employees can set a limit of 56 hours per year. While the law doesn’t allow for total accrual caps, these annual usage limits apply regardless of how much leave an employee has banked.
Can employers provide all the leave at once instead of letting it accrue?
Yes, employers can frontload the full amount at the beginning of the year. For part-time employees, employers can provide prorated amounts based on anticipated hours but must track actual hours and allow additional accrual if needed. Employers who frontload and commit to frontloading the next year don’t have to allow carryover.
Do employers have to carry over unused leave?
Yes, employees can carry over unused leave, though they remain subject to annual usage caps (40 or 56 hours). However, if an employer pays out unused leave and frontloads the next year’s amount, or if they frontload and commit to frontloading the next year, carryover isn’t required.
What is the smallest amount of leave an employee can use?
Employers can require employees to take leave in up to 4-hour increments.
What notice do employers and employees need to provide?
Employers have extensive notice requirements under NYC law. They must display a poster describing sick leave rights in a visible location and provide this notice to each employee individually, maintaining records of when notices were distributed. Additionally, employers must provide their written sick leave policy to employees upon hire, within 14 days of any policy changes, and whenever requested. Each payday, employers must provide statements showing employees’ sick leave accrual, usage during the pay period, total balance, and remaining usable leave for the year if they’ve accrued more than their annual limit.
For employees, notice requirements depend on whether the leave is foreseeable. When employees can anticipate the need for leave at least 7 days in advance, employers can require up to 7 days’ written notice. For unforeseeable needs, employees must provide notice as soon as practicable according to their employer’s written procedures. While employers can withhold payment until required documentation is submitted, they cannot do so if documentation costs prevent the employee from obtaining it.
What verification can employers ask for?
For absences exceeding three consecutive workdays, employers can require reasonable verification showing the leave was for an allowable reason. Employees have 7 days after returning to provide verification. Employers must:
- Accept healthcare provider notes for sick leave
- Accept various forms of documentation for domestic violence-related leave
- Not require disclosure of specific details
- Reimburse verification-related costs
- Include verification requirements in written policy
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected when taking this leave. If rehired within 6 months, employers must reinstate previously accrued and unused leave. However, employers are not required to pay out unused sick leave at separation.
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Navigating New York City paid sick leave requirements can be complex, especially when coordinating with state regulations. SixFifty’s solutions streamline the process, ensuring your policies align with both city and state requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws change.
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