How much sick leave do New York employees get in 2026?

It depends on employer size. Employers with 100 or more employees provide up to 56 hours of paid leave a year; employers with 5 to 99 provide up to 40 hours, paid; and employers with 4 or fewer provide up to 40 hours, which can be unpaid if the business had one million dollars or less in net income the prior year. Leave accrues at 1 hour per 30 hours worked.

Is sick leave paid at the smallest New York employers?

Only sometimes. At employers with 4 or fewer employees, the 40 hours of leave must be paid only if the business had more than one million dollars in net income the prior year; below that threshold, the leave can be unpaid.

What did NYC Local Law 145 change in 2026?

Effective February 22, 2026 (final rules in force since July 23, 2026), every covered New York City employer must provide 32 hours of unpaid protected time off per calendar year in addition to the 40 or 56 paid hours. The unpaid hours are available immediately rather than by accrual and cover an expanded set of reasons, including caring for a child or care recipient, housing and public-benefit proceedings, public disasters, and workplace violence.

What is New York paid prenatal leave?

A separate entitlement of 20 hours of paid leave per 52-week period for pregnancy-related medical appointments and care, including fertility treatment. It is granted on top of an employee's sick leave, and an employer cannot require someone to use their sick leave first.

Is New York sick leave the same as New York Paid Family Leave?

No. Paid Family Leave and disability benefits are separate insurance programs, funded through payroll and administered on their own terms. Sick leave under Labor Law 196-b is a distinct employer-provided entitlement.

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New York Paid Sick Leave (2026)

Verified as of August 18, 2026

State paid-sick requirement: Yes. The amount, and whether the leave is paid, scales with employer size
The law: Labor Law 196-b
Annual amount (state floor): Employers with 100 or more employees provide up to 56 hours of paid leave a year. Employers with 5 to 99 provide up to 40 hours, paid. Employers with 4 or fewer provide up to 40 hours, paid only if the business had more than one million dollars in net income the prior year; below that threshold, the 40 hours can be unpaid.
How leave is earned: 1 hour per 30 hours worked.
Depends on employer size?: Yes. New York is the one state we track that scales the requirement to headcount and, for the smallest employers, to net income.
What it can be used for: The employee's own or a family member's health, and safe time related to domestic violence, a family offense, a sexual offense, stalking, or human trafficking.
Wait before first use: None. Leave can be used as it is earned.

City and county ordinances

New York City employees are also covered by the city's Earned Safe and Sick Time Act. Under Local Law 145 of 2025, effective February 22, 2026 (with the city's final rules in force since July 23, 2026), every covered NYC employer must provide 32 hours of unpaid protected time off per calendar year in addition to the 40 or 56 paid hours. The unpaid hours are available immediately rather than by accrual, and they cover an expanded set of reasons, including caring for a child or care recipient, housing and public-benefit proceedings, public disasters, and workplace violence.
The NYC law also lets an individual bring their own lawsuit over a violation rather than relying solely on the city agency (a private right of action, in place since March 2024), and an employer without a compliant written policy faces a per-employee penalty.
Westchester County also has local sick-leave requirements on top of the state law.

Worth knowing

Separate from regular sick leave, New York provides 20 hours of paid prenatal leave per 52-week period (the clock starts the first time it is used) for pregnancy-related medical appointments and care, including fertility treatment. It is granted on top of an employee's sick leave, and an employer cannot require someone to use their sick leave first.
New York's Paid Family Leave and its disability benefits are separate insurance programs, funded through payroll and administered on their own terms. They are not part of the sick-leave rules above.

Frequently asked questions

How much sick leave do New York employees get in 2026?: It depends on employer size. Employers with 100 or more employees provide up to 56 hours of paid leave a year; employers with 5 to 99 provide up to 40 hours, paid; and employers with 4 or fewer provide up to 40 hours, which can be unpaid if the business had one million dollars or less in net income the prior year. Leave accrues at 1 hour per 30 hours worked.
Is sick leave paid at the smallest New York employers?: Only sometimes. At employers with 4 or fewer employees, the 40 hours of leave must be paid only if the business had more than one million dollars in net income the prior year; below that threshold, the leave can be unpaid.
What did NYC Local Law 145 change in 2026?: Effective February 22, 2026 (final rules in force since July 23, 2026), every covered New York City employer must provide 32 hours of unpaid protected time off per calendar year in addition to the 40 or 56 paid hours. The unpaid hours are available immediately rather than by accrual and cover an expanded set of reasons, including caring for a child or care recipient, housing and public-benefit proceedings, public disasters, and workplace violence.
What is New York paid prenatal leave?: A separate entitlement of 20 hours of paid leave per 52-week period for pregnancy-related medical appointments and care, including fertility treatment. It is granted on top of an employee's sick leave, and an employer cannot require someone to use their sick leave first.
Is New York sick leave the same as New York Paid Family Leave?: No. Paid Family Leave and disability benefits are separate insurance programs, funded through payroll and administered on their own terms. Sick leave under Labor Law 196-b is a distinct employer-provided entitlement.

Primary sources, verified as of August 18, 2026: New York Labor Law 196-b · New York State Paid Sick Leave · NYC Earned Safe and Sick Time Act (DCWP) · New York State Paid Prenatal Leave

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