New York State requires most private employers to provide employees meal and rest breaks as follows:
Meal Breaks
30-minute meal break between 11:00 a.m. and 2:00 p.m. for shifts 6 hours or longer that extend over that time period.45-minute meal break midway between the beginning and end of an employee’s shift, if the shift is more than 6 hours and starts between 1:00 p.m. and 6:00 a.m.Additional 20-minute meal break between 5:00 p.m. and 7:00 p.m. for workdays that extend from before 11:00 a.m. to after 7:00 p.m.
Rest Breaks
Not required, but if a break of up to 20 minutes is permitted, it must be counted as compensable hours worked.
Breastfeeding Breaks
Employers must: Provide reasonable unpaid break time, or permit nursing employees to use paid break time, each day to express breast milk for up to 3 years following childbirth; andMake reasonable efforts to provide a room or area in close proximity to the work area where employees can express breast milk in privacy.In addition, New York City employers with at least 4 employees must provide lactation rooms, as well as refrigerators, in reasonable proximity to work areas for employees to express and store breast milk. These employers are also required to implement a written lactation room accommodation policy to be distributed to all new employees. Click here to download model policies and a request form.
Day of Rest Requirement
Employees working in the following establishments generally must be allowed a rest period of at least 24 consecutive hours each calendar week: Factories;Hotels;Restaurants; andOffice and apartment buildings.
Additional requirements and exceptions to the information above may apply, including to factory employers. For additional information, contact the New York Division of Labor Standards at 1-888-469-7365.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
In addition to complying with all applicable federal and state nondiscrimination laws, during the job application and interview process, New York employers must follow state laws on criminal records and salary history inquiries.
Arrests and Convictions
In general, employers with 4 or more employees are generally prohibited from:
Inquiring about any arrest or criminal accusation that is not yet or no longer pending against an applicant. However, New York employers are not prohibited from asking an applicant if he or she has any current pending arrests oraccusations.
Inquiring about an individual’s arrest or criminal accusation where the arrest or accusation has been resolved in favor of the applicant, by a youthful offender adjudication, or resulted in a sealed conviction.
Requiring the applicant to divulge information about any arrest or criminal accusation where the arrest or accusation has been resolved in favor of the applicant, by a youthful offender adjudication, or resulted in a sealed conviction.
Taking any adverse action based on any arrest or criminal accusation where the arrest or accusation has been resolved in favor of the applicant, by a youthful offender adjudication, or resulted in a sealed conviction.
Also, New York employers with 10 or more employees are generally prohibited from discriminating in employment based on prior convictions.
Finally, at the request of an applicant previously convicted of one or more criminal offenses whose job application has been denied, the employer must provide a written statement setting forth the reasons for the denial within 30 days of the request.
Salary History
Effective Jan. 6, 2020, employers cannot:
Rely on an applicant’s wage or salary history to determine whether to offer a job to or how much to pay the applicant;
Seek, request or require the wage or salary history from an applicant or employee as a condition of or consideration for employment or promotion;
Retaliate against or refuse to interview, hire, promote or otherwise employ an individual based on his or her past wage or salary or because he or she has either refused to provide past wage or salary information or filed a complaint with the New York Department of Labor against the employer; or
Seek, request or require a wage or salary history from the applicant’s current or former employer.
An employer may confirm an individual’s wage or salary history if:
An offer of employment for a specified compensation amount has been made; and
The individual responded to the offer by providing prior pay information to support a higher compensation amount.
Screening job applicants based on their current or past compensation, including benefits.
Requiring an applicant’s prior compensation to satisfy minimum or maximum criteria.
Asking for or requiring a job applicant to disclose prior compensation as a condition of being interviewed or continuing to be considered for an employment offer.
Before making a job offer with compensation, seeking a job applicant’s salary history from a current or former employer. However, after any such offer has been made, a job applicant may provide written authorization to confirm prior compensation.
New York City Employers
New York City employers with 4 or more employees are also generally prohibited from:
Inquiring about an applicant’s salary history or relying on an applicant’s salary history in determining the salary, benefits or other compensation for the applicant during the hiring process. However, an employer may—without inquiring about salary history—engage in discussion with the applicant about his or her expectations with respect to salary, benefits, and other compensation. In addition, employers may verify and consider current or prior earnings or benefits if the applicant offers this information voluntarily. Click here for additional information.
Inquiring about an applicant’s criminal history or requesting permission to run a criminal background check until after a conditional offer of employment has been made. After a conditional offer of employment has been made, the employer may then ask whether the applicant has a criminal conviction history and run a background check, but only after giving notice and receiving the applicant’s permission. Once the employer knows about the applicant’s conviction history, the employer may then ask the applicant about the circumstances that led to the conviction.
Seeking or considering information pertaining to an applicant’s non-conviction.
Effective May 10, 2020, requiring applicants to submit to marijuana testing as a condition of employment. However, a pre-employment testing exception applies to:
Police and peace officers;
Individuals required to comply with section 3321 of the city’s building code or section 220-h of the labor law—both dealing with construction safety training;
Individuals required to hold a commercial drivers’ license;
Individuals who supervise or care for children, medical patients or vulnerable persons;
Individuals with the potential to significantly impact the health or safety of employees or members of the public (as determined by the city’s administrative services);
Drug testing requirements under certain federal, state and local rules relating to transportation, safety or security;
Federal contracts and grants requiring drug testing; and
Collective bargaining agreements that address this type of pre-employment drug testing.
Finally,if a New York City employer with 4 or more employees wants to revoke a job offer based on an applicant’s criminal record, the employer must:
Provide him or her with a copy of any background check conducted by the employer or third-party vendor; and
Give him or her 3 business days to respond.
Suffolk County Employers
Suffolk County employers with 4 or more employees will be generally prohibited from:
Inquiring about a job applicant’s wage or salary history, including compensation and benefits.
Relying on the salary history of a job applicant in determining the job applicant’s wage or salary amount at any stage in the employment process, including the job offer.
Westchester County Employers
Westchester Countyemployers with 4 or more employees are also generally prohibited from:
Relying on the wage history of a prospective employee from any current or former employer in determining his or her wages.
Requesting or requiring a prospective employee to disclose information about his or her wages from any current or former employer as a condition of being interviewed or continuing to be considered for employment.
Seeking the previous wages of any prospective employee from any current or former employer. However, after obtaining written consent, employers may seek to confirm prior wage information after an offer of employment has been made and the prospective employee responds to the offer by providing prior wage information to support a higher wage.
Refusing to hire or otherwise retaliating against an employee or applicant based on prior wage history.
Including in any advertisement, solicitation, or publication any limitation or specification in employment based on a person’s arrest record or criminal conviction.
Questioning or making a statement about a criminal conviction or arrest record of any person in an application for employment. After the submission of an application for employment, an employer may inquire about the applicant’s arrest or conviction record in accordance with state law. Before taking any adverse employment action based on that inquiry, however, the employer must perform an analysis of the applicant’s criminal record and other factors, and the analysis may be requested by the applicant. If requested, the employer must provide a written statement setting forth the reasons for the denial.
Additional Resources
Additional requirements and exceptions to the information above may apply to your business. For more information, please use the resources listed below.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
Under federal law, companies may employ only people who can legally work in the United States–either U.S. citizens or or foreign citizens with the necessary authorization.
There is no statewide requirement for private employers in New York to enroll and participate in the federal E-Verify program to confirm the employment eligibility of employees hired to work.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
If the Employee Quits or is Involuntarily Terminated
The final paycheck is due by the next regular payday. The wages must be mailed if the employee requests.
Payment of Unused Benefits on Termination
Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
All New York State employers must provide eligible employees with job-protected paid family leave (PFL). The following chart explains the law and its requirements in detail.
Who Pays for PFL?
While employers must purchase a PFL insurance policy, policy premiums are paid by employees. For 2021, employers may deduct 0.511% of the weekly wage, up to an annual cap of $385.34. For 2022, the percentage remains at 0.511% of the weekly wage, but the annual cap is increased to $423.71.
Which Employees Are Eligible for PFL?
Employees regularly working 20 or more hours per week become eligible after having worked 26 or more consecutive weeks.Employees that regularly work fewer than 20 hours per week become eligible after the 175th day worked.
Which Life Events Qualify for PFL?
Providing care for a child/stepchild (and anyone for whom the employee has legal custody), spouse, parent, stepparent, parent-in-law, grandparent, grandchild, (sibling, effective Jan. 1, 2023) or domestic partner with a serious health condition;Birth, adoption, or fostering of a child; orA spouse, domestic partner, child, or parent being on or notified of impending active military duty.Certain coronavirus (COVID-19)-related reasons.
How Long Can an Employee Be Out on PFL?
The program was phased in with an increasing schedule of benefits. Effective Jan. 1, 2021, with the PFL program fully implemented,eligible employees are entitled to up to 12 weeks of PFL in any 52-week period at 67% of their average weekly wage, capped at 67% of the state average weekly wage.
Must Employees Provide Notice When Using PFL?
Yes. An employee generally must provide at least 30 days’ advance notice before leave is to begin if the qualifying event is foreseeable. When the approximate timing of the qualifying event and need for leave is not foreseeable, an employee must provide notice as soon as practicable.
Must an Employer Maintain an Employee’s Health Benefits While he or she is out on PFL?
Yes, and employees must continue paying premiums as they did before taking PFL.
Is an Employee Entitled to Return to his or her Position Upon Return from PFL?
Yes, an employee is entitled to be restored to the position of employment he or she held when the leave commenced, or to be restored to a comparable position with comparable employment benefits, pay, and other terms and conditions of employment.
Are Employers Required to Post or Provide Employees with Notices about PFL?
Yes. An employer generally must:If it maintains written guidance for employees concerning employee benefits or leave rights (e.g., in an employee handbook), include information concerning PFL in that guidance. All other employers must provide written guidance to each of their employees concerning employee rights and obligations under PFL, including information on how to file a PFL claim. Model language is available for employers to use and customize based on their PFL policies and procedures.Provide the Statement of Rights for Paid Family Leave to employees when they take PFL or take time off from work for a PFL-qualifying life event, but have not requested PFL.Upon securing PFL insurance, obtain Form PFL-120 from their insurance carrier or licensed agent and display it in a conspicuous location in the workplace.
Additional requirements and exceptions to the information above may apply. For more information, please contact the New York State PFL Program.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
Westchester County employers generally must provide paid or unpaid sick leave to covered employees. The following chart generally explains the law and its requirements.
Which Employers Are Covered?
Generally all employers.
Which Employees Are Covered?
Generally employees employed in Westchester County for more than 80 hours in a calendar year.
Must an Employer Compensate Leave?
Yes, depending on employer size:Employers with 5 or more employees generally must provide paid sick leave compensated at the employee’s normal hourly rate. However, an employer does not have to provide financial or other reimbursement to an employee upon termination, resignation, or retirement for unused accrued sick leave.Employers with fewer than 5 employees must provide unpaid sick leave.
How Much Leave May an Employee Accrue and Use?
40 hours in a year. Unused sick leave can be carried over to the following year, but employers are not required to provide more than 40 hours in a year.
How Does an Employee Accrue Leave?
Employees generally accrue a minimum of 1 hour of sick leave for every 30 hours worked.
When Can Employees Begin Accruing and Using Leave?
Employees generally begin accruing leave at the commencement of employment or July 10, 2019, whichever is later. However, an employer may delay an employee’s ability to use sick leave until he or she has worked for 90 days.
Which Life Events Qualify for Leave?
In general, sick leave may be used for an employee’s or family member’s mental or physical illness, injury, health condition, or preventive medical care.
Are Employers Required to Post or Provide Employees with Notices Regarding the Law?
Yes. Employers must:At the commencement of employment or by July 10, 2019, whichever is later, give each employee a copy of the law and written notice of how it applies to that employee.Display a copy of the law and a poster regarding the law in English, Spanish, and any other language deemed appropriate by the County of Westchester in a conspicuous location accessible to the employee.
May Employers Require Notice When Employees Use Leave?
Generally yes, in accordance with the following rules:Sick leave must be provided upon an employee’s request, which, when possible, must include the expected duration of the absence.When the use of sick leave is foreseeable, the employee must make a good faith effort to provide notice in advance and a reasonable effort to schedule the leave in a manner that does not unduly disrupt the employer’s operations.An employer that requires notice of the need to use sick leave must provide a written policy containing the procedures to provide notice. An employer that has not provided a copy of its written policy to the employee must not deny sick leave based on noncompliance with such policy.
May Employers Require Documentation for Leave?
Sometimes. For sick leave of more than 3 consecutive work days, an employer generally may require reasonable documentation that the leave has been used for a purpose covered by the law.
Must Employers Retain Records?
Yes. Employers must retain records clearly documenting the hours worked and sick leave accrued and taken by employees for 3 years.
Additional requirements and exceptions to the information above may apply. For more information, please contact the Westchester County Human Rights Commission at 914-995-7710.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
Beginning on Oct. 30, 2019, Westchester County in New York will require employers to offer their employees paid leave to attend court proceedings or to relocate to a safe location if they are victims of domestic violence or human trafficking.
This new leave, required under the Safe Time Leave Law, must be provided to employees in addition to the Westchester County Earned Sick Leave. The table below provides a summary of this new law.
Which Employees and Employers are Covered?
Employees who are employed by an employer in Westchester County for more than 90 days.All employers, with limited exceptions.
Must an Employer Compensate Leave?
Yes.
How Much Leave May an Employee Use?
40 hours in any year, which can be used in full days or increments.
Which Life Events Qualify for Leave?
For victims of domestic violence or human trafficking, to attend or testify in court proceedings relating to domestic violence or human trafficking and to move to a safe location.
Are Employers Required to Post or Provide Employees with Notices About the Law?
Yes. At the beginning of an employee’s employment, or within 90 days of the effective date of the law (whichever is later), employers must give employees a copy of the Safe Time Leave Law and written notice of how the law applies to that employee. Employers must also display a copy of the law and a poster in English, Spanish and any other language deemed appropriate by the County of Westchester, in a conspicuous place accessible to employees.
May Employers Require Notice When Employees Use Leave?
Yes. When the use of leave is foreseeable, employees must make a good faith effort to provide advance notice to the employer, and if possible, make a reasonable effort to schedule the leave in a manner that does not unduly disrupt the employer’s operations.
May Employers Require Documentation?
Yes. Reasonable documentation that leave has been used for a purpose covered by the law may be required, and may include: A court appearance ticket or subpoenaA copy of a police reportAn affidavit from an attorney involved in the court proceeding An affidavit from an organization known to provide assistance to victims of domestic violence and trafficking victims.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
Under New York City (NYC) law, employers are required to provide up to 56 hours of paid or unpaid safe or sick leave per year to covered employees, depending on employer size and income. The following chart provides highlights of the law and its requirements.
Which Employers Are Covered?
All private employers.
Which Employees Are Covered?
Nearly all employees. The law does not cover government employees, certain student workers and certain hourly professionals licensed by the New York State Department of Education. In addition, workers covered by specified collective bargaining agreements are exempt.
Must an Employer Compensate Leave?
Yes, depending on employer size:Businesses with four or fewer employees and an income of less than $1 million must provide up to 40 hours of leave, which may be unpaid.Businesses with four or fewer employees but an income of at least $1 million must provide up to 40 hours of paid leave.Businesses with 5 – 99 employees must provide up to 40 hours of paid leave.Businesses with 100 or more employees must provide up to 56 hours of paid leave.
How Much Leave May an Employee Use?
Up to 40 – 56 hours (see above for requirements by employer size) of safe or sick leave in a calendar year, all of which can generally be carried over to the following calendar year if unused.
How Does an Employee Accrue Leave?
Employers must provide at least one hour of safe or sick leave for every 30 hours worked, up to 40-56 hours in a calendar year (see above for requirements by employer size).
When Can Employees Begin Accruing and Using Leave?
Safe or sick leave begins to accrue at the start of employment, or on the effective date of the local law that created the employee’s right to the leave, whichever is later. Employees may use leave as it accrues, subject to the following exceptions:Employers with fewer than 5 employees and a net income of $1 million or more are not required to allow their employees to use paid leave until Jan. 1, 2021.Employers with 100 or more employees are not required to allow their employees to use more than 40 hours of accrued leave until Jan. 1, 2021.
Which Life Events Qualify for Leave?
Safe Leave: In general, when the employee or his or her family member has been the victim of domestic violence, sexual offense, stalking, or human trafficking.Sick Leave: In general, the mental or physical illness or injury of an employee or his or her family member.Click here for more detailed information.
Are Employers Required to Provide Employees with Notices Regarding the Law?
Yes. Employers generally must:At the start of employment, provide an employee with a written notice of employee rights in English and his or her primary language. For employees already employed when their right to safe and sick time was established by the Sept. 30, 2020, amendments to the law, the notice must be provided within 30 days of Sept. 30, 2020.Post the notice in an accessible location in the workplace.Distribute a written safe or sick leave policy to each employee at the start of employment, within 14 days of the effective date of any changes to the policy, and upon the employee’s request.Each pay period, provide each employee with the following information in writing (can be on a pay stub):The employee’s total balance of safe and sick leave.The amount of safe and sick leave the employee used and accrued during the pay period.
May Employers Require Notice When Employees Use Leave?
Yes. An employer may require 7 days of notice before foreseeable safe or sick leave is to begin. For unforeseeable safe or sick leave, an employer may require an employee to provide notice as soon as practicable.
May Employers Require Documentation for Leave?
Sometimes. For an absence of more than 3 consecutive work days for safe or sick leave, an employer may require reasonable documentation that the use of such leave was authorized by law. The employer must reimburse the employee for any cost associated with obtaining the required documentation.
Must Employers Retain Records?
Yes. Employers generally must retain records for 3 years that show, for each employee:Name, address, phone number, employment start and end date(s), rate of pay, hours worked each week, and whether he or she is exempt from state overtime requirements;The date and time of, and amount paid for, each instance of safe or sick leave used;Changes in material employment terms specific to the employee; andThe date that the Notice of Employee Rights was provided and proof that the employee received it.
Additional requirements and exceptions to the information above may apply. For more information, please contact the NYC Department of Consumer Affairs at 3-1-1 from within NYC or 212-639-9675 outside NYC.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
New York state’s sick leave law requires employers to provide between 40 and 56 hours of paid leave per year, depending on their size. Employers with fewer than five employees and an annual income of $1 million or less may satisfy the law by providing unpaid leave of 40 hours annually. Leave must be provided for specified reasons relating to the health and safety of employees and their family members.
Covered Employers
The law’s sick leave requirements apply to all New York employers, including any person, corporation, limited liability company or association employing any individual in any occupation, industry, trade, business or service. Joint owners are both responsible for carrying out the law. However, only employers with at least five employees or more than $1 million in annual net income must provide that leave as paid. Furthermore, the amount of leave required is determined by the employer’s size, as set forth below.
Employer Size
Leave Requirement
Fewer than 5 employeesAnnual net income of $1 million or less
Up to 40 unpaid hours annually
Fewer than 5 employeesAnnual net income over $1 million
Up to 40 paid hours annually
5 – 99 employees
Up to 40 paid hours annually
Over 100 employees
Up to 56 paid hours annually
In calculating their size, employers should:
Count their employees (in all locations in New York state) for the 12-month period from Jan. 1 through Dec. 31, and
Use their annual net income from the previous tax year.
In addition, final regulations adopted by the New York State Department of Labor specify that for purposes of the sick leave law, employers determine their employee total by counting the highest total number of employees concurrently employed at any point during the calendar year. A reduction in the number of employees does not reduce employee leave entitlements until the following calendar year. The regulations provide leave accrual rules for cases where employers increase their number of employees.
Covered Employees
All private sector workers in New York state are covered under the law, regardless of industry, occupation, part-time status, overtime- exempt status or seasonal status. The immigration status of a worker has no effect on their eligibility for leave benefits under the law, which also covers domestic workers.
Employees who telecommute are covered for the hours they physically work in New York state, even if the employer is physically located outside the state.
Accrual and Carryover
Employees accrue one hour of sick leave for every 30 hours worked, up to the yearly maximum set forth in the chart above. Accrual begins at the start of employment or Sept. 30, 2020, whichever is later. However, employees do not earn sick leave while they are on sick leave, or for payments that are not for hours worked, such as bonuses or “subject-to-call” time. On the other hand, employees do accrue leave for time considered “hours worked,” including on-call time, training time and travel time.
Employers may front-load the total amount of sick leave to employees at the beginning of the year, but they may not later reduce that amount based on the employee’s actual hours worked during the year.
Employees may carry over unused sick leave to the following calendar year. For the purposes of accrual, use and carryover of leave, “calendar year” means the 12-month period from Jan. 1 through Dec. 31, or a regular and consecutive 12-month period, as determined by the employer.
Use of Sick Leave
Waiting Period
There is no minimum period of employment before an employee can use sick leave. However, unless an employer front-loads sick leave at the beginning of a calendar year or otherwise has a sick leave policy that exceeds the requirements of the law, an employee would have to work at least 30 hours before accruing any sick leave.
Amount of Leave
Employers with fewer than 100 employees may limit the use of sick leave to 40 hours per calendar year, and employers with 100 or more employees may limit the use of sick leave to 56 hours per calendar year.
Employers may set a reasonable minimum increment for the use of sick leave, but it cannot be more than four hours.
Reasons for Leave
Employers must provide accrued sick leave for the following purposes related to health conditions:
An employee’s or employee’s family member’s mental or physical illness, injury or health condition (regardless of whether the illness, injury or health condition has been diagnosed or requires medical care at the time the employee requests leave); or
The diagnosis, care or treatment of a mental or physical illness, injury or health condition of, or need for medical diagnosis of, or preventive care for, an employee or an employee’s family member.
Employees may use sick leave for doctor, dentist, eye doctor or other routine appointments when they require treatment for a condition or for preventive medical care.
According to guidance from the New York State Department of Labor, whether employees may use sick leave when their employer has been ordered to close temporarily due to a public health emergency depends on the type of health emergency involved, taking into account the risk of contagion and other health considerations. Sick leave under the paid sick leave law is separate and additional to the quarantine leave for employees subject to a quarantine or isolation order related to COVID-19, and use of COVID-19 leave does not impact or otherwise utilize an employee’s paid sick leave accruals or usage.
Employers must also provide accrued sick leave for any of the following reasons when the employee or employee’s family member has been the victim of domestic violence (as defined by state law), a family offense, sexual offense, stalking or human trafficking:
To obtain services from a domestic violence shelter, rape crisis center or other services program;
To participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members;
To meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding;
To file a complaint or domestic incident report with law enforcement;
To meet with a district attorney’s office;
To enroll children in a new school; or
To take 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.
“Family Member” means an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent; or the child or parent of an employee’s spouse or domestic partner. “Parent” means a biological, foster, step- or adoptive parent, a legal guardian of an employee, or a person who stood in loco parentis when the employee was a minor child. “Child” means a biological, adopted or foster child, a legal ward or a child of an employee standing in loco parentis.
Leave may be used even if the police have not been contacted or the perpetrator convicted.
Confidentiality Rules
An employer may not require, as a condition of providing sick leave:
The disclosure of confidential medical information
Information relating to absence from work due to domestic violence, a sexual offense, stalking or human trafficking
Documentation of Leave
Under the regulations, employers are permitted to request documentation for leave of three or more consecutive workdays or shifts, in the form of:
An attestation from a licensed medical provider supporting the need for leave, the amount of leave needed and a date the employee may return to work; or
An attestation from an employee of their eligibility for leave.
Employers may not ask the reason for leave, except as required by law, and may not require that the attestation explain the nature of the illness.
Reinstatement
Employees returning to work after taking sick leave must have their position, pay, and terms and conditions of employment restored to what they were before the leave.
Telecommuting
According to FAQs issued by the New York State Department of Labor, employers cannot require employees to work from home or telecommute instead of taking sick leave, but they may offer employees those alternative options. Employees who choose working from home or telecommuting retain the sick leave they have accrued.
Retaliation
Employers are prohibited from discharging, threatening, penalizing, or otherwise discriminating or retaliating against any employee because the employee has exercised his or her right to request and use sick leave.
Compensation
Employees using paid sick leave must be paid at their regular rate of pay or the applicable minimum wage under state law, whichever is greater. Employers may not take a tip allowance as a credit against the minimum wage requirements of their industry for leave time. However, they are not required to pay employees for lost tips or gratuities.
Employees who are paid at more than one rate of pay must be paid for leave under the law at the weighted average of those rates, meaning the total regular pay divided by the total hours worked in the week. See the New York Department of Labor’s FAQs on the law for more information.
Employees using leave during time that would have been overtime if worked are not required to be paid at an overtime rate. Employers are not required to pay employees for unused sick leave when their employment ends.
Employee Notice
There is no specified notice or time period requirement under the law. The employee must, however, make an oral or written request for leave before taking the leave, unless the employer does not require this notice.
Alternate Leave Policies
Employers with policies that meet or exceed the requirements of the sick leave law are not required to provide employees with additional leave.
Collective bargaining agreements entered into on or after Sept. 30, 2020, may provide comparable paid days off, in the form of leave, compensation, other employee benefits or a combination of the three, in place of leave required by the sick leave law. However, the agreement must acknowledge the sick leave law by specifically referencing New York Labor Law Section 196-b, and should specifically identify any benefits deemed comparable to the leave in the law.
Recordkeeping
Employers must provide a summary of the amounts of sick leave accrued and used in the current and previous calendar years by any employee who requests the information. The information must be provided within three business days.
Employers must keep records for six years showing the weekly amount of sick leave provided to each employee.
Interaction With Local Leave Laws
Cities with a population of at least one million may enact and enforce local laws meeting or exceeding the requirements of the sick leave law. In addition, municipal paid sick leave programs in effect as of Sept. 30, 2020, are not affected by the sick leave law. Benefits remain available under the Westchester County law that provides domestic workers with up to 40 hours of paid sick leave per year, regardless of the employer’s size.
Employees may use sick leave during paid family leave only if their employer allows it. Taking sick leave at the same time as paid family leave may allow the employee to receive their full salary for all or part of the leave. However, an employee cannot receive more than their full wages while receiving paid family leave benefits.
New York paid sick leave operates independently from other state and federal leave requirements and must be paid in addition to them.
Penalties
Under New York law, failure to provide required paid sick leave is treated as a failure to pay employee wages. Violators are subject to civil actions and criminal penalties, including but not limited to wages, liquidated damages ad penalties in an amount double the amount due.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
Pay for up to 2 hours of voting leave for any election for employees who do not have sufficient time to vote outside work hours, which means they do not have 4 consecutive hours to vote either from the opening of the polls to the beginning of their work shift, or between the end of the shift and the closing of the polls. The specific amount of paid time off needed (up to the 2-hour maximum) must be determined on a case-by-case basis, as waiting times at polling places, traffic conditions, and other factors may vary.
Allow employees with fewer than 4 consecutive nonwork voting hours to take off as much time from work as necessary (when added to their voting time outside working hours) to vote, but not more than 2 hours of the leave is required to be paid.
Post a notice setting forth the state’s voting leave requirements at least 10 working days before every election.
Unless an employer and employee otherwise agree, voting leave must be at the beginning or end of the work shift as designated by the employer.
In addition, employees must notify their employers of their need for time off to vote at least 2 working days before Election Day.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
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