New York Paid Sick Leave Laws: Your Entitlements

The federal government does not mandate paid sick leave. The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., does not require employers to provide paid or unpaid sick leave to employees. However, the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, requires certain employers to provide up to 12 weeks of unpaid, job-protected leave for qualifying medical reasons, but this is unpaid unless the employer's policy requires it.

Under federal law, employers are only required to provide paid leave (such as sick leave) if state law mandates it or if they voluntarily offer it in their employment contracts. The EEOC enforces leave laws under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, but only to prevent discrimination in how leave is administered. The Department of Labor oversees FMLA compliance for employers with 50+ employees.

Without state law, most private-sector employees have no federal right to paid sick leave. This is why individual states like New York have enacted their own paid sick leave statutes to fill this gap and protect workers' health and safety.

New York Labor Law Article 5, Section 196-d establishes one of the nation's strongest paid sick leave protections. The state law is significantly stronger than federal law because it mandates paid sick leave accrual and use rights, whereas federal law provides no such requirement.

Under New York law, all private employers must provide paid sick leave to employees at a minimum rate of 1 hour per 30 hours worked. This applies to employers of all sizes, with no employee count threshold. Employees must accrue a minimum of 40 hours (5 days) of paid sick leave per calendar year for employers with five or fewer employees, or 56 hours (7 days) annually for employers with six or more employees. Public sector employers have different requirements, providing more generous sick leave.

Paid sick leave accrues from the first day of employment and must be available for use no later than 90 days after accrual begins. Employees may use accrued paid sick leave for: (1) mental or physical illness, injury, or health condition; (2) diagnosis, care, or treatment of an existing health condition; (3) preventive medical care; (4) domestic violence, sexual violence, or stalking (for employee, family member, or household member); (5) childcare or school-related needs due to domestic violence, sexual violence, or stalking; and (6) closure of the employee's workplace or the school of the employee's child due to public health emergency.

Unlike federal law, New York prohibits employers from requiring employees to find a replacement before using sick leave, limiting the employer's right to deny leave. Additionally, employers cannot require employees to give advance notice of unforeseeable sick leave. Employers must not penalize or retaliate against employees for using accrued paid sick leave under Section 740 of the Labor Law. Remedies under New York law include back pay, liquidated damages equal to the amount of wages owed, and attorney's fees.

New York paid sick leave law contains limited exceptions. Employees are covered regardless of employment classification, but independent contractors are not covered because they are not employees under New York Labor Law.

Union employees covered by a collective bargaining agreement may be exempt from paid sick leave requirements if the agreement explicitly waives the statutory requirements and provides equivalent or greater benefits. The waiver must be clear and unambiguous. However, union members retain the right not to be retaliated against for exercising paid sick leave rights.

Employers are not required to pay out accrued unused paid sick leave at separation unless: (1) the employer's policy or collective bargaining agreement requires it; (2) local law (such as New York City or other municipality rules) mandates payout; or (3) the termination is in violation of another law. The state law permits employers to implement a use-it-or-lose-it policy, meaning unused balance does not roll over to the next calendar year. However, employers may choose more generous policies.

Employers may require reasonable notice of foreseeable sick leave use (up to 30 days in advance). For unforeseeable leave, employers cannot require advance notice before the leave is taken. Paid sick leave is separate from other leave (vacation, PTO, FMLA leave) and cannot be counted toward PTO or vacation balances.

Emergency responders and certain government employees may have different rules. Additionally, if a local law (such as New York City Paid Safe Leave law, Local Law 32) provides greater protections, the more generous standard applies.

Step 1: Document Everything. Keep a detailed record of all paid sick leave requests you made, including dates, times, and whether the employer approved or denied the leave. Save screenshots of emails, text messages, or messages requesting leave. Document how much paid sick leave you believe you have accrued by tracking hours worked and calculating 1 hour per 30 hours worked. If your employer provides pay stubs, save those to show accrual information. Write down any statements made by management denying you leave or discouraging its use, including the date and who said it. Keep medical documentation or evidence of your need for leave if relevant.

Step 2: Pursue Internal Complaint and Documentation. Request a written accounting of your paid sick leave balance from your employer's Human Resources or payroll department via email. Keep a copy of the response. If you were denied leave or retaliated against (e.g., disciplined, terminated, or had hours reduced), file a written internal complaint with HR and your supervisor detailing the violation, the dates, and how it violated New York Labor Law Section 196-d. Request a response in writing. This step creates a record and sometimes prompts corrective action. Do not resign in response to retaliation without consulting an attorney first, as your ability to claim constructive dismissal depends on specific facts.

Step 3: File a Claim with the New York Department of Labor (NYDOL). Visit www.labor.ny.gov and navigate to the Wage and Hour section, or file through the NYDOL's online portal for wage claims. You can also file a paper claim by submitting Form LS 18 (Wage Claim Form) to your nearest NYDOL office. Include: (1) your name, address, and phone number; (2) your employer's name and address; (3) specific dates of unpaid sick leave or the period during which accrual violations occurred; (4) the number of hours of paid sick leave owed; (5) the pay rate used to calculate the value; (6) your Social Security number. Include a brief explanation of what happened and copies of supporting documentation. There is no filing fee. The statute of limitations is 6 years for wage claims under New York Labor Law.

Step 4: Understand the Investigation Process. After filing, NYDOL will investigate your claim. The investigation typically takes 90–180 days, though complex cases may take longer. NYDOL will contact your employer and request their records of your accrual and use of paid sick leave. Your employer may dispute the claim. You may be asked to provide additional documentation or participate in an interview. NYDOL investigators will review payroll records, employment contracts, and company policies. If NYDOL finds a violation, it will issue a finding and order the employer to pay all owed wages, liquidated damages (an amount equal to the unpaid wages), and interest. If your claim is denied, you can appeal within 30 days.

Step 5: Consult an Employment Attorney. If the NYDOL process does not resolve your claim, or if retaliation is involved, contact an employment law attorney licensed in New York. An attorney can file a civil lawsuit in state court under New York Labor Law for wage violations and retaliation (Section 740). Many employment attorneys work on a contingency basis, meaning they take a percentage of any settlement or award rather than charging upfront fees. You may be entitled to recover attorney's fees and court costs if you prevail. An attorney is especially important if your employer retaliated against you for asserting paid sick leave rights, as retaliation claims require proving causation and intent, which is more complex than a straightforward wage calculation.