The New York sick leave law gives you 1 hour for every 30 hours worked, capped at 56 paid hours at employers of 100 or more; 40 paid hours at 5 to 99 (or under 5 with net income over $1 million); 40 unpaid hours at the smallest employers; plus 20 hours of paid prenatal leave since January 1, 2025, for all employers.
This guide gives the exact new york sick leave law rule with the date we verified it, the statute, and what to do next. Rules verified against New York State Department of Labor, Division of Labor Standards on 2026-10-08; confirm the current rule with New York State Department of Labor, Division of Labor Standards or an attorney before you rely on it.
New York Sick Leave Law at a Glance
| Law | Yes — paid sick leave |
| Accrual | 1 hour for every 30 hours worked |
| Annual cap | 56 paid hours at employers of 100 or more; 40 paid hours at 5 to 99 (or under 5 with net income over $1 million); 40 unpaid hours at the smallest employers; plus 20 hours of paid prenatal leave since January 1, 2025 |
| Who is covered | All employers |
| Statute | N.Y. Labor Law 196-b |
| In effect since | September 30, 2020 (use from January 1, 2021); prenatal leave January 1, 2025 |
In This New York Sick Leave Law Guide:
New York Sick Leave Law: The Rule
1 hour for every 30 hours worked. 56 paid hours at employers of 100 or more; 40 paid hours at 5 to 99 (or under 5 with net income over $1 million); 40 unpaid hours at the smallest employers; plus 20 hours of paid prenatal leave since January 1, 2025. Covered: all employers. The statute is N.Y.
Labor Law 196-b, in effect since September 30, 2020 (use from January 1, 2021); prenatal leave January 1, 2025.
What New York Sick Leave Law Lets You Use Leave For
Workers in New York can use sick leave for their own mental or physical illness, injury or health condition, or to care for a family member with one. This includes diagnosis, treatment and preventive care. “Safe leave” also covers time off when the worker or a family member is a victim of domestic violence, a sexual offense, stalking or human trafficking.
Examples are getting services, going to court, meeting with an attorney or relocating.
New York Sick Leave Law at a Glance
Rules verified against New York State Department of Labor, Division of Labor Standards on 2026-10-08; confirm the current rule with New York State Department of Labor, Division of Labor Standards or an attorney before you rely on it. The statute row is where to check it yourself.
| Law | Yes — paid sick leave |
| Accrual | 1 hour for every 30 hours worked |
| Annual cap | 56 paid hours at employers of 100 or more; 40 paid hours at 5 to 99 (or under 5 with net income over $1 million); 40 unpaid hours at the smallest employers; plus 20 hours of paid prenatal leave since January 1, 2025 |
| Who is covered | All employers |
| Statute | N.Y. Labor Law 196-b |
| In effect since | September 30, 2020 (use from January 1, 2021); prenatal leave January 1, 2025 |
Accrual, Caps and Carryover Under New York Sick Leave Law
1 hour for every 30 hours worked; 56 paid hours at employers of 100 or more; 40 paid hours at 5 to 99 (or under 5 with net income over $1 million); 40 unpaid hours at the smallest employers; plus 20 hours of paid prenatal leave since January 1, 2025. The state generally allows employers to ask for reasonable notice when the need for leave is foreseeable.
However, an employer may not require a worker to disclose confidential details about a medical condition or the circumstances behind safe leave as a condition of granting the leave.
Paid or Unpaid Under New York Sick Leave Law
The leave is paid at your regular rate for the covered employers above; smaller employers in some states must give the time unpaid.
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New York Sick Leave Law and Retaliation
New York Labor Law bars employers from retaliating or discriminating against a worker for requesting or using sick leave, and these claims fall under the state’s general anti-retaliation section. After leave, the worker is generally entitled to return to the same position with the same pay and other terms and conditions of employment.
Local Rules and New York Sick Leave Law
New York City has its own Earned Safe and Sick Time Act, enforced by the NYC Department of Consumer and Worker Protection. Westchester County has an Earned Sick Leave Law. Workers in those areas should confirm which rules apply to them.
Other New York Sick Leave Law Rules to Know
New York ties whether sick leave is paid or unpaid to the employer’s size and net income. Since 2025, New York has also required a separate paid prenatal leave that does not come out of a worker’s regular sick leave balance. Confirm current details with the state agency.
Denied the leave you earned? The labor department enforces the sick-leave law for free.
Contact New York State Department of Labor, Division of Labor Standards
New York — the bottom line
- The new york sick leave law gives 1 hour for every 30 hours worked.
- Under the new york sick leave law the cap is 56 paid hours at employers of 100 or more; 40 paid hours at 5 to 99 (or under 5 with net income over $1 million); 40 unpaid hours at the smallest employers; plus 20 hours of paid prenatal leave since January 1, 2025.
- The new york sick leave law protects you from retaliation for using the leave.
Frequently Asked Questions
Is paid sick leave required in New York?
Yes. 1 hour for every 30 hours worked.
How much sick leave do I get under New York sick leave law?
56 paid hours at employers of 100 or more; 40 paid hours at 5 to 99 (or under 5 with net income over $1 million); 40 unpaid hours at the smallest employers; plus 20 hours of paid prenatal leave since January 1, 2025.
Which employers are covered by the New York sick leave law?
All employers.
Can I be fired for using sick leave in New York?
New York Labor Law bars employers from retaliating or discriminating against a worker for requesting or using sick leave, and these claims fall under the state’s general anti-retaliation section.
When did the New York sick leave law take effect?
September 30, 2020 (use from January 1, 2021); prenatal leave January 1, 2025.
Official New York Sources & Resources
- New York State Department of Labor, Division of Labor Standards: https://dol.ny.gov/labor-standards-0
- New York statute (N.Y. Labor Law 196-b): https://www.nysenate.gov/legislation/laws/LAB/196-B
- Verified source: https://marketingpreview.mercer.com/content/dam/mercer-dotcom/migrated-assets/blogs/law-and-policy/2025/07/pdf-2025-roundup-state-accrued-paid-leave-mandates.pdf
- Verified source: https://www.ep.com/legal-and-compliance/sick-and-paid-leave-laws-update/
- Verified source: https://www.hubinternational.com/en-us/hub-resources/absence-management-bulletins/2025/11/2025-2026-state-leave-law-updates/
- Verified source: https://www.postercompliance.com/blog/paid-sick-leave-laws-by-state/
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This new york sick leave law guide was last verified against official New York sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.