New Yorkers may use guaranteed sick leave to recover from an illness themselves, care for a sick family member or address safety needs if they or a family member are the victims of domestic violence, sexual assault, stalking or human trafficking. More information is available on the state’s Paid Sick Leave website.
New Yorkers will earn sick leave based on the hours worked, earning one hour of leave for every 30 hours worked, retroactive to September 30, 2020. New York’s new guaranteed sick leave law requires businesses to provide different levels of sick leave depending on their size:
- Businesses with 100 or more employees must provide up to seven days (56 hours) of paid sick leave per year;
- Businesses with five to 99 employees must provide up to five days (40 hours) of paid sick leave per year;
- Businesses with fewer than five employees, but a net income of more than $1M must provide up to five days (40 hours) of paid sick leave per year;
- Smaller businesses with fewer than five employees and a net income of less than $1 million must provide up to five days (40 hours) of unpaid sick leave. However, those already providing paid sick leave may continue to do so.
“No one should have to choose between going to work sick or caring for a sick loved one and not getting a paycheck, especially as we continue to battle the COVID-19 pandemic,” said Lt. Gov. Kathy Hochul. “That is why in New York, we have the most comprehensive paid family leave and paid sick leave programs in the nation that serve as a model for other states to follow. This is part of our ongoing efforts to help ensure equal access, opportunity and success for all hard-working men and women in New York State.”
Prior to the law’s passage, approximately 1.3 million New Yorkers did not have access to paid sick leave — forcing them to either take unpaid leave and risk losing their jobs or show up to work while sick, potentially spreading communicable diseases to coworkers and the public. Nearly one-in-four workers had reported being fired or being threatened with termination for taking sick time.
