Sick leave accrual rate
New York requires all private-sector employers to provide sick leave to employees at an accrual rate of not less than one hour for every 30 hours worked. Accrual begins on the first day of employment or September 30, 2020, whichever is later.
Source: N.Y. Lab. Law § 196-b(3)
Sick leave carryover and usage caps
New York requires employers to carry over unused sick leave to the following calendar year. However, employers may cap annual usage at 40 hours for employers with fewer than 100 employees, or 56 hours for employers with 100 or more employees. These usage caps apply even when accrued balances exceed the cap due to carryover.
Source: N.Y. Lab. Law § 196-b(6)
Sick leave permitted uses
New York Labor Law § 196-b(4)(a) specifies three categories of permitted uses for accrued sick leave, effective January 1, 2021. Employees may request sick leave either orally or in writing for these purposes.
Health-related uses
Sick leave may be used for a mental or physical illness, injury, or health condition of the employee or the employee's family member, regardless of whether the condition has been diagnosed or requires medical care at the time the employee requests leave (N.Y. Lab. Law § 196-b(4)(a)(i)). Employees may also use sick leave for the diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or for medical diagnosis or preventive care, for themselves or a family member (§ 196-b(4)(a)(ii)).
Safe leave for victims of violence
Subdivision 4(a)(iii) permits employees to use sick leave as "safe leave" when the employee or a family member has been the victim of domestic violence (as defined in Executive Law § 292(34)), a family offense, sexual offense, stalking, or human trafficking. The statute enumerates seven specific qualifying activities:
- (a) obtaining services from a domestic violence shelter, rape crisis center, or other services program;
- (b) participating in safety planning, temporarily or permanently relocating, or taking other actions to increase safety;
- (c) meeting with a civil attorney or other social services provider;
- (d) filing a complaint or criminal charges, meeting with a district attorney, or appearing in court;
- (e) enrolling children in a new school;
- (f) taking other actions necessary to maintain, improve, or restore the physical, psychological, or economic health or safety of the employee or family member; and
- (g) taking any other actions necessary to ensure the health or safety of the employee or the employee's family member, or to protect those who associate or work with the employee.
Each of these reasons must be related to the domestic violence, family offense, sexual offense, stalking, or human trafficking. Perpetrators of such offenses are not eligible for leave under this subdivision for situations in which they committed the offense and were not a victim, regardless of any family relationship.
Family member definition
For purposes of § 196-b, "family member" means the employee's child, spouse, domestic partner, parent, sibling, grandchild, or grandparent; and the child or parent of the employee's spouse or domestic partner. "Parent" includes biological, foster, step- or adoptive parent, legal guardian, or a person who stood in loco parentis when the employee was a minor. "Child" includes biological, adopted, or foster child, legal ward, or a child of an employee standing in loco parentis (§ 196-b(4)(b)).
Source: N.Y. Lab. Law § 196-b