New York has both paid sick leave and paid family and medical leave. To help employers maintain compliance, below are some of the basics of both state-level laws.
Paid Sick Leave
Covered Family Member
- Child – including biological, adopted, foster, legal ward, or child standing in loco parentis and child of employee’s spouse or domestic partners
- Parent – including biological, foster, step or adoptive parent, or a legal guardian of an employee or a person who stood in loco parentis when the employee is a minor child and parent of employee’s spouse or domestic partner
Eligible Reasons for Use
As of January 1, 2021, employees may take sick leave for the following:
The care, treatment, diagnosis of or preventative care for the mental or physical illness, injury, or health condition of employee or employee’s family member.
Safe time reasons, including:
- Obtaining services at a domestic violence or rape crisis center.
- Participating in safety or relocation planning.
- Enrolling children in a new school.
- Meeting with attorneys and participating in proceedings.
- Taking other actions that would ensure the health and safety of employee or employee’s family member.
Date Accrual Begins
At start of employment.
Accrual Rate
Paid Sick Leave – 1 hour for every 30 hours worked.
Prenatal Leave – does not accrue. Employees are eligible for 20 hours prenatal leave per year.
Max Accrual Cap
Between 5-99 employees: 40 hours.
100 or more employees: 56 hours.
Employers with four or fewer employees must provide 40 hours of unpaid sick leave each calendar year. However, if an employer with four or fewer employees has a net income of greater than one million dollars in the previous tax year, the employer must provide its employees with 40 hours of paid sick leave.
Waiting Period Before Use
No applicable provision.
Paid Family and Medical Leave
Covered Employee
For disability benefits, covered employees are those who work for covered employers for four or more consecutive weeks.
For family leave benefits, covered employees must work for a covered employer for 26 or more consecutive weeks and work 20 or more hours except covered employees who work fewer than 20 hours will be eligible after working 175 full days preceding first full day of leave begin. In calculating eligibility, employers shall count the use of scheduled vacation, personal, sick, or other approved time away from work however periods of temporary disability shall not be counted.
Covered Family Member
- Child – includes biological, adopted, foster, stepchild, legal ward, child of domestic partner or person whom employee stands in loco parentis.
- Parent – includes biological, foster, adoptive parent, parent-in-law, stepparent, legal guardian, or other person who stood in loco parents to employee when employee was a child.
- Sibling – includes a biological or adopted sibling, half-sibling, or stepsibling
Eligible Reasons for Leave
Disability: Illness or injury of employee.
Family Leave: Leave within one year of birth, placement, or adoption of child; care for eligible family member; due to active military duty of certain family members.
Weeks Allowed Per Type of Leave
Employees are eligible for 12 weeks paid family leave during any 52-week calendar period.
