New York Sick Leave Laws: Employee Rights in 2026
Getting sick is part of life. Sometimes you wake up with the flu and simply cannot make it to work. Other times, you need a doctor’s appointment, need to care for a sick child, or need time to deal with a serious personal situation.
For employees in New York, taking time away from work for these reasons is not simply a matter of asking your boss for a favor. New York’s sick and safe leave law gives eligible private-sector workers important legal protections.
In 2026, all private-sector workers in New York State are covered by the state sick and safe leave law, regardless of whether they work full-time, part-time, seasonally, or in an overtime-exempt position. The amount of leave depends primarily on the employer’s size and, for the smallest employers, annual net income.
How Much Sick Leave Do New York Employees Get?
The amount of sick leave depends on the size of your employer.
| Employer Size | Minimum Sick Leave |
|---|---|
| 100 or more employees | Up to 56 hours of paid sick leave |
| 5–99 employees | Up to 40 hours of paid sick leave |
| 0–4 employees, net income over $1 million | Up to 40 hours of paid sick leave |
| 0–4 employees, net income $1 million or less | Up to 40 hours of unpaid sick leave |
These are the minimum requirements under New York State law.
An employer can always provide more generous benefits than the law requires.
Who Is Covered by New York Sick Leave Law?
New York’s sick and safe leave law covers private-sector employees regardless of:
- Full-time or part-time status
- Seasonal status
- Industry
- Occupation
- Overtime-exempt status
Government employees are generally governed by different rules. Private schools, charter schools, and certain nonprofit employees can be covered.
So, being a part-time employee does not automatically mean you lose your right to sick leave.
How Do Employees Earn Sick Leave?
Covered employees generally accrue sick leave at a rate of at least one hour for every 30 hours worked.
For example, if you work 30 hours, you generally earn one hour of sick leave. If you work 60 hours, you generally earn two hours.
Employers can also provide the required amount of leave upfront rather than using an accrual system, as long as the legal requirements are satisfied.
When Can You Use Sick Leave?
New York sick leave isn’t limited to situations where you personally have a cold or the flu.
Eligible employees can generally use sick leave to:
- Recover from an illness or injury
- Seek medical diagnosis
- Receive treatment
- Attend preventive medical care
- Care for certain family members
- Address certain situations involving domestic violence, stalking, sexual offenses, or human trafficking
The New York Attorney General notes that covered family members include children, spouses, domestic partners, parents, siblings, grandparents, and grandchildren, as well as certain relatives of a spouse or domestic partner.
What Is “Safe Leave”?
New York’s law also provides safe leave.
This can allow an employee to take protected leave for certain needs arising from domestic violence, a family offense, sexual offenses, stalking, or human trafficking.
For example, an employee may need time away from work to obtain services, meet with an attorney, take steps to protect themselves or a family member, or address another qualifying safety-related issue.
The same sick-leave accrual can be used for qualifying safe-leave purposes.
Can You Use Sick Leave to Care for a Family Member?
Yes.
New York’s law allows qualifying employees to use sick leave to care for certain family members who are sick or need medical care.
Covered family members can include:
- Child
- Spouse
- Domestic partner
- Parent
- Sibling
- Grandparent
- Grandchild
- Certain parents or children of a spouse or domestic partner
So if your child wakes up sick and needs to see a doctor, you may be able to use your accrued sick leave rather than simply missing work without pay.
Can Your Employer Ask for Medical Documentation?
There are limits on documentation requirements.
New York guidance states that an employer generally cannot require medical documentation for an employee’s use of three or fewer consecutive previously scheduled workdays or shifts of sick leave.
For longer absences, an employer may be able to request reasonable documentation under the applicable rules.
The important point is that employees should not automatically assume they need a doctor’s note every time they use a single sick day.
Can Your Employer Make You Find Someone to Cover Your Shift?
No.
New York’s Attorney General specifically states that employers cannot require workers to find a replacement when they use legally protected paid sick leave.
That means an employer generally cannot say:
“You can’t take tomorrow off unless you find someone to work your shift.”
Employees still need to follow reasonable notice requirements when applicable, but finding another employee to cover the shift is not the employee’s legal responsibility simply because they are using protected sick leave.
Do You Have to Give Advance Notice?
It depends on whether the need for leave is foreseeable.
If you know ahead of time that you’ll need sick leave—for example, for a scheduled medical appointment—you may be required to provide reasonable advance notice.
For an unexpected illness, you generally should notify your employer as soon as reasonably possible.
New York City guidance, for example, distinguishes between foreseeable and unforeseeable uses of sick leave.
Check your employer’s written sick-leave policy for its notice procedure.
Can Unused Sick Leave Carry Over?
New York’s rules allow employees to carry over unused accrued sick leave, subject to the applicable rules and annual usage limits.
An employer generally cannot simply erase properly accrued sick leave at the end of the year.
However, there is an important distinction between how much leave you can carry over and how much you can actually use during a particular year.
For example, an employee may have accumulated more leave than the number of hours the employer is required to allow the employee to use during that calendar year.
Can Your Employer Retaliate Against You?
One of the most important employee protections is protection against retaliation.
New York law prohibits employers from threatening, penalizing, discriminating against, or retaliating against employees for using legally protected leave.
Retaliation could potentially include:
- Firing
- Demotion
- Reduced hours
- Unfavorable scheduling
- Discipline
- Threats
- Other negative employment actions
For example, if an employee properly uses protected sick leave and is suddenly disciplined because they took that legally protected time off, the situation may deserve closer examination.
What If Your Employer Says You Can’t Use Sick Leave?
If your employer refuses to let you use leave you believe you’re legally entitled to, start by documenting what happened.
Keep copies of:
- Your sick-leave balance
- Pay stubs
- Employee handbook
- Sick-leave policy
- Work schedules
- Emails
- Text messages
- Requests for time off
- Employer responses
Written records can make it much easier to understand what happened if a dispute develops.
New York City Sick Leave Rules
If you work in New York City, you may also be covered by the city’s sick and safe time requirements.
New York City has its own rules concerning sick leave, including accrual, carryover, notice, and documentation. The amount available can depend on employer size and other factors.
State and city sick-leave requirements can overlap. Employees generally do not receive two separate banks of leave simply because both laws apply; the applicable rules determine how the benefits interact.
What About Pregnancy-Related Medical Appointments?
New York also provides a separate paid leave benefit for prenatal care.
Beginning January 1, 2025, eligible employees are entitled to 20 hours of paid prenatal leave during a 52-week period for qualifying prenatal health-care appointments. This benefit is separate from regular New York sick leave.
That distinction is important because an employee should not necessarily have to use ordinary sick-leave hours for covered prenatal appointments.
Sick Leave vs. Paid Family Leave
New York has several different types of protected leave, and they aren’t all the same.
Paid sick leave can be used for qualifying illness, medical care, family-member care, and certain safe-leave purposes.
Paid Family Leave (PFL) can provide time away from work for qualifying family-related situations, such as bonding with a new child or caring for a family member with a serious health condition.
The New York Attorney General explains that workers may qualify for both types of leave depending on the circumstances.
What About FMLA?
Some employees may also qualify for unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA).
FMLA can provide up to 12 weeks of leave during a 12-month period for qualifying reasons when the employee and employer meet the federal eligibility requirements.
FMLA and New York sick leave are separate laws, so it is important to determine which protections apply to your particular situation.
Does Sick Leave Have to Be Paid?
It depends on your employer.
Employees working for employers with:
- 100+ employees: up to 56 hours of paid sick leave
- 5–99 employees: up to 40 hours of paid sick leave
- 1–4 employees with net income over $1 million: up to 40 hours of paid sick leave
For employers with four or fewer employees and net income of $1 million or less, the required 40 hours are generally unpaid.
What Should You Do If Your Sick Leave Is Denied?
If you believe your employer has improperly denied your sick leave, don’t immediately assume you have no options.
Start by checking:
- How many employees your employer has.
- Your accrued sick-leave balance.
- Your employer’s written policy.
- Why you requested the leave.
- Whether you provided the required notice.
- How your employer responded.
- Whether you experienced retaliation afterward.
You may also contact the New York State Department of Labor or seek advice from an employment attorney.
The Department of Labor investigates certain claims involving unpaid sick leave and other wage-related violations.
Frequently Asked Questions
1. How many sick days are required in New York in 2026?
Depending on employer size and income, employees are generally entitled to 40 or 56 hours of sick leave per calendar year. Some employees of very small employers are entitled to 40 hours of unpaid leave instead.
2. Do part-time employees get sick leave in New York?
Yes. New York’s sick and safe leave law covers private-sector employees regardless of full-time or part-time status.
3. Can my employer require me to find someone to cover my shift?
No. New York’s Attorney General states that employers cannot require workers to find a replacement when using protected paid sick leave.
4. Can my employer fire me for taking sick leave?
An employer generally cannot retaliate against an employee for exercising legally protected sick-leave rights.
5. Can I use sick leave to take care of my child?
Yes. Qualifying employees can use New York sick leave to care for certain family members, including a child who is sick or needs medical care.
Final Thoughts
New York’s sick leave rules give employees important protections in 2026. For most private-sector workers, the key points are simple: you may be entitled to paid sick leave, you earn leave based on hours worked, you can use qualifying leave for yourself or certain family members, and your employer cannot retaliate against you for exercising protected rights.
If you think your employer has denied legally protected sick leave, keep your records and review your company’s leave policy. The size of the employer, your employment status, the reason for the leave, and whether state or local rules apply can all affect your rights.
