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What Paid Sick Leave Are NYC Employees Entitled To?

Everyone is bound to struggle with an illness at some point, and for our own well-being and that of those around us, we need to take time away from work to recuperate. However, taking the time we need to rest and recover is not always easy for employees throughout the country. While getting adequate time to take off when you’re unwell can be worrisome for some employees, employees in NYC are entitled to a certain amount of sick leave each year.

Learn more about the paid sick leave that New York State and New York City laws provide.

New York State Paid Leave

Public employees throughout New York State receive a certain amount of paid leave depending on the size of their employer. Federal, state, and local government employees are not covered, while employees in charter schools, private schools, and not-for-profit corporations are.

Eligible employees are entitled to the following amounts of leave:

  • Up to 56 hours of paid sick leave per calendar year if their employer has 100 or more employees.
  • Up to 40 hours of paid sick leave per calendar year if their employer has five to 99 employees.
  • Up to 40 hours of paid sick leave per calendar year if their employer has four or fewer employees and a net income of greater than $1 million in the previous tax year.
  • Up to 40 hours of unpaid sick leave per calendar year if their employer has four or fewer employees and a net income is $1 million or less in the previous tax year.

This leave can be used for eligible employees when they or a family member they’re caring for has a mental or physical illness, injury, or health condition. This includes time off for the diagnosis, care, or treatment of the illness, injury, or health condition, as well as the need for medical diagnosis or preventive care.

In addition to sick leave, employees can also use this time for safe leave if they or a family member has been the victim of domestic violence, a family offense, a sexual offense, stalking, or human trafficking. Examples of permitted uses of safe leave include obtaining services from a domestic violence shelter and other programs, meeting with an attorney or social services, and any other actions needed to ensure their health or safety.

New York City Paid Leave

Like the New York State law, public employees are entitled to paid leave, while federal, state, and local employees are not.

NYC employees are entitled to the following leave depending on the size of their employers:

  • Up to 56 hours of paid leave each calendar year if their employer has 100 or more employees.
  • Up to 40 hours of paid leave each calendar year if their employer has five to 99 employees.
  • Up to 40 hours of paid leave each calendar year if their employer has four or more employees and a net income of $1 million or more.
  • Up to 40 hours of unpaid leave each calendar year if their employer has four or fewer employees and a net income of less than $1 million.
  • Up to 40 hours of paid leave each calendar year for domestic workers if their employer has one or more employees.
  • Up to 56 hours of paid leave each calendar year for domestic employees if their employer has 100 or more domestic workers.

Employees can use sick leave when they or a family member they care for has an illness. New York City employees are also able to use their paid leave for safe leave when they or a family member are the victims of any act or threat of domestic violence, unwanted sexual contact, stalking, or human trafficking.

Get the Paid Leave You Deserve

Employees in New York City have many rights, including paid leave to care for themselves and family members. If you’ve been denied the paid leave you’re entitled to or have been retaliated against for exercising your rights, you need someone who will stand up for you.

At Bantle & Levy, our employee rights attorneys are well-versed in a range of employment law cases. If you believe your employer has violated the rights federal, state, and local laws provide you, don’t hesitate to contact us.

Bantle & Levy

Lee Bantle is a partner at Bantle & Levy LLP. He has extensive legal expertise, admitted to the bars of the U.S. District Court and the U.S. Court of Appeals. With a distinguished academic background and clerkship experience, he has been recognized as a top-rated civil rights attorney and esteemed lawyer. In addition to his successful career, he has actively contributed to various legal organizations and serves as a faculty member for NYU's Annual Workshop on Employment Law for Federal Judges.

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