New York employers must give paid sick leave of up to 56 hours a year (100 or more employees) or 40 hours (5 to 99 employees). Employers with 4 or fewer employees owe 40 hours, paid if net income in the previous tax year was over $1 million and unpaid if it was $1 million or less. Since January 1, 2025, private employers must also give a separate 20 hours of paid prenatal leave in each 52-week period, paid at the regular rate or minimum wage, whichever is greater. Employers in New York City must also give 32 hours of immediately available unpaid protected time off as of February 22, 2026.
What does New York paid sick leave require in 2026?
The state's paid sick leave amount depends on headcount and, for the smallest employers, net income. The official New York State program page sets out the tiers below.
| Employer size | Requirement per calendar year |
|---|---|
| 100 or more employees | Up to 56 hours of paid sick leave |
| 5 to 99 employees | Up to 40 hours of paid sick leave |
| 4 or fewer employees, net income over $1 million in the previous tax year | Up to 40 hours of paid sick leave |
| 4 or fewer employees, net income of $1 million or less in the previous tax year | Up to 40 hours of unpaid sick leave |
Leave must accrue at a rate of not less than one hour for every thirty hours worked. Employees may use it for "sick" or "safe" reasons affecting themselves or a family member for whom they are providing care. Unused sick leave carries over to the next calendar year, but the employer may limit use to 40 or 56 hours a year. Employers need not pay out unused sick leave at separation, and must give an employee a summary of leave accrued and used within three business days of a request (NY Labor Law Section 196-b).
How does the pay and use of sick leave work?
Employees must be paid their normal rate of pay for any paid leave under the law, or the applicable minimum wage, whichever is greater. Employers may require leave to be used in increments (for example 15 minutes or 1 hour), but may not set the minimum increment at more than 4 hours.
Verification is limited. An employer may not require medical or other verification for sick leave lasting less than three consecutive previously scheduled workdays or shifts. An employer also cannot retaliate against an employee in any way for exercising sick leave rights.
What is New York paid prenatal leave?
The New York State Paid Prenatal Leave Law requires private employers to provide 20 hours of paid prenatal leave in each 52-week period, starting January 1, 2025. All private-sector employees are covered, including part-time and overtime-exempt staff. Qualifying uses include physical examinations, medical procedures, monitoring, testing, discussions with a health care provider needed to ensure a healthy pregnancy, end of pregnancy care, and fertility treatment.
The leave is measured in 52-week periods, and unused hours do not carry over to the following 52-week period. Employers are not required to pay out unused prenatal leave when an employee leaves.
How must employers administer prenatal leave?
- Pay at the regular rate of pay, or the appropriate minimum wage for the occupation, whichever is greater.
- Permit use in hourly increments.
- Do not ask for personal or confidential health information, or the nature of the visit, as a condition of use.
- Treat it as a separate, stand-alone benefit, and never require an employee to use one leave type over another.
- Do not retaliate or discriminate against employees who use it.
How do the two leaves compare?
| Feature | Paid sick leave | Paid prenatal leave |
|---|---|---|
| Pay | Normal rate or minimum wage, whichever is greater | Regular rate or minimum wage, whichever is greater |
| Increments | Employer may set, up to a 4 hour minimum | Hourly increments must be allowed |
| Verification | None for absences under three consecutive scheduled workdays or shifts | No personal or confidential health information may be demanded |
| Carryover | Unused hours carry over to the next year, but the employer may limit use to 40 or 56 hours a year | Unused hours do not carry over |
What else applies to employers in New York City?
Employers with workers in New York City must also follow the city's Protected Time Off Law (formerly called the Earned Safe and Sick Time Act). The NYC Department of Consumer and Worker Protection (DCWP) updated its official FAQ for amendments that took effect on February 22, 2026. Key points for employers:
- 32 hours of unpaid protected time off: Regardless of size or net income, employers must give 32 hours of unpaid protected time off, immediately available on the first day of employment and again on the first day of each calendar year. The hours cannot be prorated for midyear hires, and unused hours need not carry over. An employer can meet this duty by giving at least 32 additional hours of immediately available paid time off.
- Expanded reasons: Protected uses now include caring for a child or a care recipient, attending a legal proceeding related to public benefits or housing, staying home during a declared public disaster, and taking safety measures due to workplace violence.
- Carryover of paid hours: Up to 40 or 56 unused paid hours carry over to the next year, but the employer may limit use to 40 or 56 hours a year, plus the separate 32 unpaid hours. Carryover is not required only if the employer both pays out unused paid hours at year end and front-loads 40 or 56 hours.
- Pay statements: Each pay period, the pay stub or other written document must show hours accrued, paid and unpaid hours used, immediately available unpaid hours, and accrued hours available for use in the year.
- Documentation: An employer may require documentation only after more than three consecutive workdays of use, and only if the requirement is in the written policy the employee received before using the leave.
- Separation: Employers are not required to pay out unused protected time off when employment ends.
- Records and remedies: Employers must keep records for at least three years. Employees may sue in court without first filing with DCWP, within two years of when they knew or should have known of the violation.
FAQ
Does prenatal leave replace paid sick leave?
No. The Department describes paid prenatal leave as a separate, stand-alone benefit from other leave laws, and an employer cannot require an employee to use one leave type over another.
Can an employer ask for a doctor's note for prenatal leave?
No. An employer cannot ask for personal or confidential information about health or the nature of the visit as a condition of use.
Are part-time workers covered?
Prenatal leave covers all private-sector employees, including part-time. Sick leave applies by employer size, and hours accrue at one hour for every thirty hours worked.
When may an employer require verification for sick leave?
Only when the leave lasts three or more consecutive previously scheduled workdays or shifts. Shorter absences may not require medical or other verification.
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This article is general information, not legal advice. Consult an employment lawyer for your situation. Sources, all captured on the article date:
- New York State, New York Paid Sick Leave: https://www.ny.gov/programs/new-york-paid-sick-leave
- New York State, Paid Sick Leave details: https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave
- New York State, Paid Prenatal Leave information for employers: https://www.ny.gov/new-york-state-paid-prenatal-leave/information-employers
- New York State Senate, Labor Law Section 196-b: https://www.nysenate.gov/legislation/laws/LAB/196-B
- NYC DCWP, Protected Time Off Law: https://www.nyc.gov/site/dca/about/paid-sick-leave-law.page
- NYC DCWP, Protected Time Off Law FAQ (updated February 22, 2026): https://www.nyc.gov/assets/dca/downloads/pdf/about/PaidSickLeave-FAQs.pdf