Understanding New York’s Sick Leave Laws: What You Need to Know
By Di Tian
New York State has implemented a comprehensive sick leave law to ensure that private sector employees have access to paid or unpaid sick leave. Here’s a detailed look at how these regulations affect workers and employers.
Who is Eligible for Sick Leave?
In New York State, all private sector employees are entitled to sick leave. This includes employees of non-profit organizations, private schools, and charter schools. However, it does not cover federal, state, or local government employees.
Accrual of Sick Leave
Under New York State law, employees accrue sick leave at a minimum rate of one hour for every thirty hours worked. This accrual began on September 30, 2020, or from the date of employment, whichever is later.
Some employers may provide the full amount of sick leave—40 or 56 hours—at the beginning of each year. If they do this, they cannot reduce the amount based on the actual hours worked by the employee.
Paid vs. Unpaid Sick Leave
The type of sick leave an employee receives depends on the size of the company:
- Companies with 4 or fewer employees: Only unpaid sick leave is required.
- Companies with 5 or more employees: Must provide paid sick leave.
- Companies with 4 or fewer employees but with a net income of more than $1 million in the previous tax year: Must provide paid sick leave.
Pay Rate for Sick Leave
Employees are entitled to their regular rate of pay for paid sick leave. However, tips are not included in the sick leave pay.
Maximum Accrual Limits
The maximum number of sick leave hours an employee can accrue annually varies by company size:
- 0-4 employees: Up to 40 hours (unpaid).
- 5-99 employees: Up to 40 hours.
- 100+ employees: Up to 56 hours.
- 4 or fewer employees but net income is greater than $1 million: Up to 40 hours.
Unused sick leave accrues from year to year, though employers may limit the amount of leave used each year according to company policy.
Checking Sick Leave Balance
Employers are required to maintain records of sick leave accrual and usage for at least 6 years. Employees can request this information, and employers must provide it within 3 business days.
Usage of Sick Leave
Sick leave can be used for various reasons:
- Sick Leave: For personal or family illness, preventive care, or medical diagnosis.
- Safe Leave: If the employee or their family member is a victim of domestic violence or related offenses.
- Prenatal Leave: Starting in 2025, New York will mandate 20 hours of paid prenatal leave for pregnant employees for related medical care.
Notifying Employers and Documentation
Employees are generally required to notify their employers before taking sick leave. While employers cannot request confidential medical information, they can ask for verification for absences longer than 3 consecutive workdays.
Minimum Increment for Sick Leave
Employers can set a minimum increment for sick leave, but it cannot exceed 4 hours. This means if the minimum increment is 4 hours, employees must use at least 4 hours of sick leave per request.
Reimbursement for Unused Sick Leave
Employees are not entitled to reimbursement for unused sick leave when they leave their job.
Examples
- Part-Time Restaurant Worker: If you work 20 hours a week at a restaurant with 11 employees, you’re eligible for paid sick leave. After 6 weeks of work, you would have accrued 4 hours of sick leave.
- Using Sick Leave for a Physical Exam: If you use sick leave for a 30-minute annual physical exam, you’ll need to use at least 4 hours of sick leave if that’s your employer’s minimum increment.
- Pay Rate for Sick Leave: If your regular rate is $13.35 per hour plus $6 in tips, your sick leave pay rate would be $16 per hour, which is the state minimum wage.
For more information or if you have specific questions about your sick leave rights, don’t hesitate to reach out to our office. We’re here to help you navigate these regulations and ensure your rights are protected.
