New York Paid Sick Leave Law
✓ Verified against official sources · September 1, 2026 N.Y. Labor Law § 196-b
The short answer: New York requires sick leave from every employer — one hour per 30 hours worked — with the amount tiered by size: 56 paid hours at 100+ employees, 40 paid at 5–99 (or under 5 with income over $1M), and 40 unpaid at the smallest employers.
Accrual rate
1 hour per 30 hours worked
Annual amount
56 hrs paid (100+) / 40 paid (5–99) / 40 unpaid (0–4, ≤$1M income)
Employers covered
Every NY employer — the tier sets paid vs. unpaid and the cap
Penalty for non-compliance: Unpaid sick leave is treated as an unpaid wage: NYSDOL enforcement under Labor Law art. 6, with liquidated damages up to 100% for wage violations.
Under Labor Law § 196-b (effective 2020–21), every New York employer provides sick leave accruing at one hour per 30 hours worked. The obligation tiers by size: employers with 100 or more employees provide up to 56 hours of paid leave a year; 5–99 employees, up to 40 paid hours; 4 or fewer with net income over $1 million, 40 paid hours; and 4 or fewer with income of $1 million or less, 40 unpaid hours.
Leave covers the employee's or a family member's illness, diagnosis and preventive care, plus safety needs arising from domestic violence, sexual offenses, stalking or human trafficking. Unused accrued leave carries over, and because sick pay owed is treated as wages, NYSDOL wage-enforcement remedies apply.
For employersThe tiers count total employees plus net income: a 4-person business with over $1 million in net income owes 40 paid hours. NYC and Westchester ordinances continue alongside the state law.
For employeesYou accrue one hour per 30 worked at any NY employer. Whether the leave is paid — and whether the cap is 40 or 56 hours — depends on your employer's size and income.
The full playbook, start to finish
This page covers one rule. The complete lawyer-reviewed guide covers the whole landscape, with sources and every state's rules.
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New York FAQ
Do tiny New York employers owe paid sick leave?
Employers with 4 or fewer employees owe 40 hours of unpaid leave — unless their net income exceeded $1 million in the prior tax year, in which case the 40 hours must be paid.
Does New York sick leave carry over?
Yes — unused accrued leave carries over, though employers may cap annual use at the tier amount (40 or 56 hours).
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Official sources
New York State — Paid Sick Leave (official program page)
Primary source for this page
New York State Department of Labor
New York labor agency
Educational content, not legal advice. Rules change — every fact above was checked against the linked official sources on the date shown.
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How other states compare
| State | Accrual rate | Annual amount | Employers covered |
|---|---|---|---|
| Alaska | 1 hour per 30 hours worked | 40 hrs (under 15 employees) / 56 hrs (15+) | All employers — the cap varies at the 15-employee line |
| Arizona | 1 hour per 30 hours worked | 40 hours (15+ employees) / 24 hours (under 15) | All employers — the cap varies by size |
| California | 1 hour per 30 hours worked (alternative schedules allowed) | Use at least 40 hours / 5 days; accrual cap 80 hours / 10 days | Nearly all employers, regardless of size |
| Colorado | 1 hour per 30 hours worked | Up to 48 hours per year (+80-hour PHE supplement when declared) | All employers — full-time, part-time and temporary employees |
| Connecticut | 1 hour per 30 hours worked | Up to 40 hours per year; 40 hours carryover | 11+ employees now; every employer from Jan 1, 2027 |
| District of Columbia | 1 hour per 37 / 43 / 87 hours worked, by employer size | 7 days (100+) / 5 days (25–99) / 3 days (≤24) | All D.C. employers — tiered by headcount |
| Illinois | 1 hour per 40 hours worked | Up to 40 hours per 12-month period — usable for any purpose | Nearly all employers (school and park districts excluded) |
| Maine | 1 hour per 40 hours worked | Up to 40 hours per year — usable for any reason | More than 10 employees in Maine for 120+ days a year (non-seasonal) |
| Maryland | 1 hour per 30 hours worked | Earn up to 40 hrs/yr; use and bank up to 64 hrs | All — paid at 15+ employees, unpaid at 14 or fewer |
| Massachusetts | 1 hour per 30 hours worked | Up to 40 hours per calendar year | All — paid at 11+ employees, unpaid below |
| Michigan | 1 hour per 30 hours worked (frontloading allowed) | Use up to 72 hrs/yr — 40 hrs at small businesses (≤10 workers) | All employers with one or more employees |
| Minnesota | 1 hour per 30 hours worked | Up to 48 hours per year; bank up to 80 hours with carryover | All employers with one or more employees |
| Missouri | None — the mandate was repealed effective Aug 28, 2025 | No state requirement — employer policy controls | No Missouri employer is required to provide sick leave |
| Nebraska | 1 hour per 30 hours worked, after 80 hours of employment | 40 hrs (11–19 employees) / 56 hrs (20+) | 11+ employees — employers with 10 or fewer are exempt |
| Nevada | 0.01923 hours per hour worked (≈1 per 52; frontloading allowed) | ≈40 hours per benefit year for full-time work — any purpose | Private employers — under-50-employee hardship and other carve-outs |
| New Jersey | 1 hour per 30 hours worked (or 40 hours advanced up front) | Up to 40 hours per benefit year; 40 hours carryover | All New Jersey employers, regardless of size |
| New Mexico | 1 hour per 30 hours worked (or 64 hours frontloaded Jan 1) | Use up to 64 hours per year; 64-hour carryover | All private employers, regardless of size |
| New York | 1 hour per 30 hours worked | 56 hrs paid (100+) / 40 paid (5–99) / 40 unpaid (0–4, ≤$1M income) | Every NY employer — the tier sets paid vs. unpaid and the cap |
| Oregon | 1 hour per 30 hours worked (or 1-1/3 per 40) | Up to 40 hours per year | All — paid at 10+ employees, unpaid under 10 |
| Rhode Island | 1 hour per 35 hours worked | Up to 40 hours per year | Paid at 18+ employees; smaller employers provide unpaid leave |
| Vermont | 1 hour per 52 hours worked | Up to 40 hours per 12-month period | All Vermont employers |
| Washington | 1 hour per 40 hours worked | No annual cap — leave is usable as accrued; 40-hour carryover | All employers covered by the Minimum Wage Act |
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