NY Sick Leave Law: How Many Paid Sick Days New York Requires in 2026
Short answerYes. Under Labor Law § 196-b, private employers in New York must give sick leave: up to 40 hours a year at most employers and up to 56 paid hours at employers with 100 or more employees. You earn one hour for every 30 hours worked. New York City adds its own rules.
Last verified: October 30, 2026 against Labor Law § 196-b, the New York State paid sick leave pages and the NYC DCWP Protected Time Off pages
The NY sick leave law lets workers stay home when they or a family member are ill, hurt or in danger, without losing pay or their job. It applies to every private-sector employee in New York State, including part-time workers. This page answers how many sick days are required by law in NY, how the hours build up and what changes in New York City. It is general information, not legal advice.
Key facts
- Law:
Labor Law § 196-b, with leave first accruing on September 30, 2020. - Hours per year: 40 or 56, depending on employer size.
- Accrual: at least 1 hour for every 30 hours worked.
- Prenatal leave: 20 extra paid hours in a 52-week period, since January 1, 2025.
- New York City: a separate Protected Time Off Law, enforced by DCWP.
How many sick days are required by law in NY?
It depends on how many people your employer has. The statute counts hours, not days, so 40 hours equals five eight-hour days and 56 hours equals seven.
| Employer size | Sick leave per year | Paid? |
|---|---|---|
| 4 or fewer employees | Up to 40 hours | Paid only if net income was over $1 million in the prior tax year |
| 5 to 99 employees | Up to 40 hours | Paid |
| 100 or more employees | Up to 56 hours | Paid |
Employers may not cut you below these limits, but an employer with a policy that already meets or beats them does not have to add more.
How does paid sick time build up?
You earn at least one hour for every 30 hours you work. A full-time employee earns about 1.3 hours a week.
- Front-loading: an employer may give you the hours at the start of the year instead. If it gives fewer than 40, it must still track your hours so you can reach 40.
- Carryover: unused hours roll into the next year, but the employer may cap how many you can use in a year at 40 (fewer than 100 employees) or 56 (100 or more).
- Payout: the law does not require unused hours to be paid when you leave, unless a policy or agreement says so.
- Pay rate: sick leave is paid at your regular rate or the minimum wage, whichever is higher.
What can you use New York sick leave for?
You can use it for your own or a family member’s mental or physical illness, injury or health condition, whether or not it has been diagnosed. That includes treatment, preventive care and routine doctor or dentist visits.
The law also covers safe leave. You can use it when you or a family member is a victim of domestic violence, a family offense, a sexual offense, stalking or human trafficking. Covered steps include getting shelter or counseling, safety planning, relocating, meeting with a lawyer or prosecutor and filing a police report. Family members include children, spouses, domestic partners, parents, siblings, grandparents and grandchildren, with some in-laws.
Is prenatal leave separate from sick leave?
Yes. Since January 1, 2025, every employer must give 20 hours of paid prenatal personal leave in any 52-week period, on top of sick leave. It covers pregnancy-related health care, such as exams and testing, and can be used in hourly pieces. Unused prenatal hours are not paid out when you leave.
Can your boss ask for a doctor’s note or refuse your request?
Your employer can set rules, but not unlimited ones. State guidance says you must make an oral or written request before using accrued leave unless the employer allows otherwise. An employer cannot demand confidential health or domestic violence details as a condition of leave, and it may set a minimum use of no more than four hours.
It is also illegal to fire, threaten or punish you for using or asking for sick or prenatal leave. When you return, you must get your job back with the same pay and terms. If you ask, the employer must give you a summary of the hours you accrued and used within three business days.
New York City rules
New York City has its own law, called the Protected Time Off Law and also the Earned Safe and Sick Time Act, found in NYC Administrative Code Title 20, Chapter 8. The state law lets a city of one million or more keep a law that meets or beats the state minimums, and the Department of Consumer and Worker Protection (DCWP) enforces the city version.
What differs in the city: DCWP says that since February 22, 2026, employers must make 32 unpaid hours available right away, on top of the 40 paid hours (99 or fewer employees) or 56 paid hours (100 or more). Employers with 4 or fewer employees owe paid hours only if net income is $1 million or more. Anyone who physically works in the city, including by remote work, is covered even if the employer is based elsewhere.
Employers may not impose a waiting period or probation before you can use the immediately available hours. A city complaint must be filed with DCWP within two years of when you knew or should have known of the violation.
Timeline of the NY sick leave law
| Date | Change |
|---|---|
| September 30, 2020 | Employees begin accruing state paid sick leave |
| January 1, 2021 | Employees can request accrued leave for the listed sick and safe reasons |
| January 1, 2025 | 20 hours of paid prenatal leave begin |
| February 22, 2026 | NYC employers must provide 32 immediately available unpaid hours |
Frequently asked questions
Do part-time workers get sick leave in New York?
Yes. State guidance says all private-sector employees are covered, whatever their industry, part-time status or overtime exemption. The same yearly caps apply.
Does a small business have to pay for sick leave?
Not always. An employer with four or fewer employees and net income of $1 million or less may give the 40 hours unpaid. If it has five or more employees, or net income above $1 million, the leave must be paid.
Can I use sick leave to care for a family member?
Yes. Leave covers the illness, injury or health condition of a family member, and a family member’s diagnosis, treatment or care. It can also be used for safe reasons that affect a family member, such as domestic violence.
Will I be paid for unused sick days if I quit?
Usually not. State guidance says the law does not require a payout at the end of employment unless an agreement or the employer’s written policy says so. Check your handbook or contract.
Is sick leave the same as Paid Family Leave?
No. Paid Family Leave is a separate state program with its own rules. Sick leave under Labor Law § 196-b is a bank of hours your employer pays. Our New York labor laws page covers the wider set of worker rules, and our New York break laws page covers meal periods.
Where do I file a complaint?
Outside New York City, call the NYS Department of Labor at 888-469-7365. In the city, you can file with DCWP online at nyc.gov/workers or by calling 311. Retaliation for complaining is also prohibited.
What changed on this page
- October 30, 2026: first publication, checked against Labor Law § 196-b, the New York State paid sick leave pages and fact sheets, and NYC DCWP Protected Time Off pages. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
If your employer denies or punishes sick leave, contact the NYS Department of Labor, or DCWP if you work in New York City. For a lawsuit, speak with a New York-licensed employment attorney, and the New York State Bar Association lawyer referral service can help you find one. More rules are collected under work and pay laws.
