Is my employer required to give me paid leave?

Both New York State and New York City have laws providing certain types of paid leave to covered, eligible employees. New York State has laws about Paid Family Leave and Paid Sick Leave. New York City has a Paid Safe and Sick Leave Law.  

Paid Family Leave is leave to bond with a newly born, adopted, or fostered child, care for a family member with a serious health condition, or assist loved ones when a spouse, domestic partner, child or parent is deployed abroad on active military service. It does not provide paid leave for an employee’s own serious health condition.  

New York’s Paid Family Leave Law provides eligible employees with up to twelve (12) weeks of job-protected paid leave in a 52-week period to bond with a newly born, adopted, or fostered child, care for a family member with a serious health condition, or assist loved ones when a spouse, domestic partner, child or parent is deployed abroad on active military service. It does not provide paid leave for an employee’s own serious health condition. Most employees who work in New York State for private employers are eligible to take Paid Family Leave for a qualifying event once they have met the minimum time-worked requirements, including domestic workers. Employees who work a regular schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment, while employees who work a regular schedule of less than 20 hours per week are eligible after working 175 days, which do not need to be consecutive. New York’s Paid Family Leave has a wage benefit of 67 percent of your average weekly wage, with a maximum weekly benefit of $1,151.16 for 2024. For more information on New York Paid Family Leave, click here. 

Paid Sick Leave can be used for the care, treatment, or diagnosis of an employee’s own mental or physical illness, injury or health condition, or that of their family member for whom they are providing care or assistance. Paid Safe Leave can be used to seek legal and social services assistance if the employee or a family member is the victim of domestic violence.

New York Paid Sick Leave covers all private-sector workers in New York State. The amount of sick leave that private employers must provide depends upon the employer’s size. Under the law, employers with more than 100 employees must provide up to 56 hours of paid sick leave per calendar year. Employers with 5-99 employees and employers with a net income of more than $1 million must provide up to 40 hours of paid sick leave per calendar year. Employers with 4 or fewer employees and a net income of $1 million or less must provide up to 40 hours of unpaid sick leave per calendar. Leave must be accrued at a rate of not less than one hour of leave for every thirty hours worked. For more information on New York Paid Sick Leave, click here. 

New York City’s Paid Safe and Sick Leave Law gives covered employees the right to use safe and sick leave for the care and treatment of themselves or a family member, and to seek legal and social services assistance if the employee or a family member is the victim of domestic violence. Under this law, the amount of paid safe and sick leave that covered employees are entitled to each year depends upon the size of your employer. Employers with more than 100 employees must provide up to 56 hours of paid leave per calendar year. Employers with 5-99 employees and employers with a net income of more than $1 million must provide up to 40 hours of paid leave per calendar year. Employers with 4 or fewer employees and a net income of $1 million or less must provide up to 40 hours of unpaid leave per calendar. Employers with one or more domestic workers must provide up to 40 hours of paid leave per year. For more information on New York City’s Paid Safe and Sick Leave Law, click here. 

The Family Medical Leave Act (FMLA) is a federal law that provides eligible employees of covered employers with unpaid job-protected leave for an employee’s own serious health condition; the birth, adoption, or foster placement of a child; the care for a child, spouse, or parent who has a serious health condition;and certain reasons relating to a family member’s service in the military. Learn more here.

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* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.