Last updated: 2026-09-21.
Statewide MandateHow New York's real statutory thresholds apply to specific employer profiles. Each section re-frames the state law above for one audience — the underlying figures never change, only the lens does.
For employers with fewer than 15 employees: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Size note: Your obligation turns on the threshold "5+ employees or $1M net income". The Compliance Checker applies your headcount automatically. Use the Compliance Checker to apply your headcount to the correct rule.
For employers with 50 or more employees: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Size note: Your obligation turns on the threshold "5+ employees or $1M net income". The Compliance Checker applies your headcount automatically. Use the Compliance Checker to apply your headcount to the correct rule.
For restaurant, café, and food-service operators: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including restaurants & food service, use the same statewide thresholds: 5+ employees or $1M net income, accrual 1 hour per 30 hours worked, cap 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp). Use the Compliance Checker to apply your headcount to the correct rule.
For retail stores, shops, and chains: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including retail employers, use the same statewide thresholds: 5+ employees or $1M net income, accrual 1 hour per 30 hours worked, cap 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp). Use the Compliance Checker to apply your headcount to the correct rule.
For clinics, hospitals, and healthcare staffing: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including healthcare employers, use the same statewide thresholds: 5+ employees or $1M net income, accrual 1 hour per 30 hours worked, cap 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp). Use the Compliance Checker to apply your headcount to the correct rule.
For hr teams onboarding new employees: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Size note: Your obligation turns on the threshold "5+ employees or $1M net income". The Compliance Checker applies your headcount automatically. Use the Compliance Checker to apply your headcount to the correct rule.
For restaurant and food-service operators with fewer than 15 employees: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including small restaurants (under 15 employees), use the same statewide thresholds: 5+ employees or $1M net income, accrual 1 hour per 30 hours worked, cap 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp). Use the Compliance Checker to apply your headcount to the correct rule.
For restaurant groups and chains with 50 or more employees: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including large restaurants & chains (50+ employees), use the same statewide thresholds: 5+ employees or $1M net income, accrual 1 hour per 30 hours worked, cap 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp). Use the Compliance Checker to apply your headcount to the correct rule.
For retail stores and shops with fewer than 15 employees: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including small retail (under 15 employees), use the same statewide thresholds: 5+ employees or $1M net income, accrual 1 hour per 30 hours worked, cap 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp). Use the Compliance Checker to apply your headcount to the correct rule.
For retail chains with 50 or more employees: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including large retail & chains (50+ employees), use the same statewide thresholds: 5+ employees or $1M net income, accrual 1 hour per 30 hours worked, cap 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp). Use the Compliance Checker to apply your headcount to the correct rule.
For clinics and healthcare practices with fewer than 15 employees: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including small healthcare (under 15 employees), use the same statewide thresholds: 5+ employees or $1M net income, accrual 1 hour per 30 hours worked, cap 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp). Use the Compliance Checker to apply your headcount to the correct rule.
For hospitals and healthcare systems with 50 or more employees: New York requires paid sick leave for 5+ employees or $1M net income. 1 locality(-ies) have ordinances stricter than state law: New York City. Source: https://dol.ny.gov/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including large healthcare systems (50+ employees), use the same statewide thresholds: 5+ employees or $1M net income, accrual 1 hour per 30 hours worked, cap 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp). Use the Compliance Checker to apply your headcount to the correct rule.
| Requirement | Detail |
|---|---|
| Statewide mandate | Yes |
| Employer threshold | 5+ employees or $1M net income |
| Accrual rate | 1 hour per 30 hours worked |
| Max accrual / year | 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp) |
| Paid or unpaid | mixed |
| Carryover | Yes |
| Qualified reasons | Own/family illness, preventive care, prenatal leave. |
| Effective date | Sep 30, 2020 |
| Official source | https://dol.ny.gov/ ↗ |
These cities/counties in New York have their own sick leave rules that may exceed the state standard. Each links to a dedicated page with the full local breakdown.
| Locality | Employer threshold | Accrual | Max | Paid/Unpaid |
|---|---|---|---|---|
| New York City | 1 employee | 1 hour per 30 hours | Up to 80 hours (ESSTA, expanded Feb 2026) | paid |
Unlike the federal Family and Medical Leave Act (which is unpaid and only covers employers with 50+ employees for serious health conditions), New York's paid sick leave law applies to nearly every private employer — including those with 4 or 5 employees — and covers routine, paid sick and safe time. Federal law sets no minimum paid sick-leave entitlement, so New York employers must comply with the state floor even when no federal obligation exists. New York also layers a separate Paid Prenatal Leave (effective Jan 1, 2025) that has no federal equivalent and no accrual requirement.
Among Northeast mandates, New York is mid-pack on entitlement but distinctive for its revenue-based tiering: businesses with 4–99 employees and net income of $1M or less may provide leave unpaid, while higher-revenue and 100+ employee firms must pay. New Jersey and Connecticut require paid leave for all employers regardless of size; Massachusetts and Maryland phase in paid status by headcount. New York City's ESSTA is stricter than the state baseline (up to 80 hours, expanded Feb 2026), so NYC employers must apply the more generous local standard.
| Year | Change |
|---|---|
| 2020 (eff. Sep 30, 2020) | NY Paid Sick Leave enacted under Labor Law § 196-b, replacing the 2020 COVID-19 sick leave law with a permanent, tiered mandate. |
| 2025 (eff. Jan 1, 2025) | Paid Prenatal Leave added — 20 hours / 52 weeks of separate paid leave for pregnancy care, for all employers, no accrual or waiting period. |
| 2025 (eff. Jul 31, 2025) | COVID-19 sick leave protections sunset; the permanent § 196-b leave remains in force. |
| 2026 (eff. Feb 2026) | NYC Earned Safe and Sick Time Act expanded — covered employees accrue up to 80 hours (32 of which may be used for 'safe time' reasons). |
Employers in New York most often trip on the items below. Amounts are typical statutory ranges — confirm the current figure with the state labor department before acting.
| Violation | Typical penalty / fine | Note |
|---|---|---|
| Failure to provide accrued paid sick leave or denying use | NY DOL can order full restitution plus civil penalties — about $500 per employee for a first violation, rising to up to $20,000 for repeat or willful violations — and may obtain an injunction. | Employees may also pursue damages under Labor Law § 215. |
| Retaliation or discipline for using sick leave | Labor Law § 215 creates a private right of action (within 2 years) for reinstatement, lost wages, liquidated damages, and attorneys' fees. | Retaliation claims are among the most common enforcement paths in New York. |
| Misclassifying employees to avoid the threshold | DOL assesses under the applicable penalty schedule and can seek back wages for the misclassified period. | The net-income tier depends on an employer's federal gross receipts, not headcount alone. |
Use the button below to print or save a one-page compliance summary for New York. It includes the state law table and any local ordinances above.
Yes. New York requires paid sick leave for 5+ employees or $1M net income. Accrual is 1 hour per 30 hours worked, capped at 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp), with carryover Yes.
Employees accrue 1 hour per 30 hours worked. The max accrual is 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp).
1 locality(-ies) have ordinances stricter than state law: New York City.
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