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Last updated: 2026-09-21.

Statewide Mandate

New York Paid Sick Leave Law 2026

Direct answer: New York requires paid sick leave for 5+ employees or $1M net income. Employees accrue 1 hour per 30 hours worked, capped at 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp), carryover Yes. Effective Sep 30, 2020. Source: https://dol.ny.gov/; retrieved 2026-09-21.
This page summarizes public labor-law information for general guidance only. It is not legal advice. Always confirm current obligations with the official state labor department or a qualified employment attorney before acting.

Paid sick leave by employer type in New York

How 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.

Small Business in New York

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.

Large Employers in New York

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.

Restaurants in New York

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.

Retail in New York

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.

Healthcare in New York

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.

New Hires in New York

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.

Small Restaurants in New York

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.

Large Restaurants in New York

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.

Small Retail in New York

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.

Large Retail in New York

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.

Small Healthcare in New York

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.

Large Healthcare in New York

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.

State law at a glance

RequirementDetail
Statewide mandateYes
Employer threshold5+ employees or $1M net income
Accrual rate1 hour per 30 hours worked
Max accrual / year40 hrs (5-99 emp/$1M); 56 hrs (100+ emp)
Paid or unpaidmixed
CarryoverYes
Qualified reasonsOwn/family illness, preventive care, prenatal leave.
Effective dateSep 30, 2020
Official sourcehttps://dol.ny.gov/ ↗

Local ordinances stricter than state law (1)

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.

LocalityEmployer thresholdAccrualMaxPaid/Unpaid
New York City1 employee1 hour per 30 hoursUp to 80 hours (ESSTA, expanded Feb 2026)paid

Local insight

How New York paid sick leave differs from federal law

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.

New York vs neighbouring states

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.

Recent New York paid sick leave changes (timeline)

YearChange
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).

Common New York paid sick leave violations and penalties

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.

ViolationTypical penalty / fineNote
Failure to provide accrued paid sick leave or denying useNY 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 leaveLabor 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 thresholdDOL 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.

Printable cheat sheet

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.

Frequently Asked Questions

Does New York require paid sick leave in 2026?

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.

What is the accrual rate for paid sick leave in New York?

Employees accrue 1 hour per 30 hours worked. The max accrual is 40 hrs (5-99 emp/$1M); 56 hrs (100+ emp).

Which cities in New York have stricter sick leave ordinances?

1 locality(-ies) have ordinances stricter than state law: New York City.

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