New York State Paid Sick Leave Law
The New York State Safe and Sick Leave Law (NYSSL) mandates that employers provide paid sick leave to employees. The new obligation is separate and distinct from the Quarantine Leave Law enacted in response to COVID-19. This page breaks down the employer- and employee-related details of the law in its simplest terms.
Overview of the Law
Part of New York State’s 2021 Education, Labor, Housing and Family Assistance Budget Bill includes new requirements applicable to all New York employers regarding paid sick leave.
The New York State Safe and Sick Leave Law (NYSSL) mandates that employers provide sick leave to employees. The new obligation is separate and distinct from the Quarantine Leave Law enacted in response to COVID-19.
This statewide sick leave law applies to all employers with employees in the state of New York and went into effect Sept. 30, 2020. Employers must allow the use of sick leave as of Jan. 1, 2021.
The new sick leave law does not preempt existing local sick leave laws that meet or exceed these new requirements and permits cities with a population of 1 million or more to enact a local sick leave law or ordinance that meets or exceeds the requirements.
The key points of the law:
- The amount of NYSSL employees will be entitled to depend on employer size and income.
- NYSSL will accrue at a rate of one hour of every 30 hours worked unless an employer elects to front-load all sick time at the beginning of the year.
- Employers may set a reasonable minimum increment for use that cannot exceed four hours.
- NYSSL can be used for an employee’s or a covered employee’s family member’s* mental or physical illness, injury, diagnosis, care, treatment, or preventive care for mental or physical illness or injury.
- NYSSL can be used for absences related to an employee’s or covered family member’s status as a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking.
- Unused NYSSL leave must be carried over to the following year.
- Employees may request in writing or verbally that an employer provides a summary of the amount of NYSSL leave accrued and used by the employee, which the employer must provide within three business days of the request.
- Employers may not require employees to disclose any confidential information in verifying the need for NYSSL.
- Employees have a right to reinstatement and protections against retaliation for exercising rights under the NYSSL.
- Employers must provide domestic workers with 40 hours of safe and sick leave.
- Employers must allow employees to use sick leave as it is accrued.
- Note: If an employer opts to front-load sick leave, they may not reduce the amount of sick leave available to an employee for any reason.
- Employers must reimburse employees who must pay for required documentation after three consecutive workdays of leave.
- Employers must list on employees’ pay stubs (or any document issued each pay period) the amounts of accrued and used leave and the total balance of accrued leave.
Employers should review and update their existing handbooks, policies, and procedures to ensure compliance with NYSSL. With the increasing number of local employment-related ordinances, legal compliance is becoming increasingly complex. Employers should reach out to their counsel for solutions and recommendations.
Helpful Articles
What's Changed?
This law amends but does not replace the 2018 sick/safe law but amends it in important ways.
The law changes the number of hours of sick/safe leave employers must provide employees based on the number of employees and, in some cases, revenue. It changes reporting requirements and outlaws retaliation. It also requires employers to provide leave on Day One and eliminates any waiting period.
The changes to the law supersede any municipal laws, so New York City employers should pay special attention to the changes.
The amendments also expand the definition of family members.
About This Page
This page breaks down the employer- and employee-related details of the law in its simplest terms. To learn more, watch the video below.
Employer Requirements
Amount of Sick/Safe Leave
All businesses must comply with the law regardless of size, but the amount of sick leave time varies depending on the number of employees and, in some cases, net income. In addition, there are different compliance dates for different parts of the law:
Effective Sept. 30, 2020:
- Employers must provide domestic workers with 40 hours of paid sick leave.
- Employers must allow employees to use safe and sick leave as it is accrued.
- Employers must reimburse employees who must pay for required documentation after three consecutive workdays of leave.
- Employers must list on employees’ pay stubs (or any document issued each pay period) the amounts of accrued and used leave and the total balance of accrued leave.
Effective Jan. 1, 2021:
- Employers with 4-99 employees must provide 40 hours of paid sick leave.
- Employers with 100 employees or more must provide 56 hours of paid sick leave.
- Employers with fewer than four employees and a net income of less than $1 million in the previous tax year must provide 40 hours of unpaid sick leave.
- Employers with fewer than four employees and a net income in excess of $1 million in the previous tax year must provide 40 hours of paid sick leave.
- Employers with fewer than four employees in any calendar year and a net income of less than $1 million in the previous tax year are not required to provide paid sick leave.
- Employers may not require employees to disclose any confidential information in verifying the need for NYSSL.
- Unused sick leave must roll over into the following year.
- Sick leave will accrue at a rate of one hour for every 30 hours worked unless the employer elects to front-load the hours at the beginning of the calendar year.
- Sick leave accrues beginning at the commencement of employment or on Sept. 30, 2020, whichever is later.
- The number of employees is based on a calendar year, defined as the 12-month period from Jan. 1 to Dec. 31. But for purposes of accrual and usage limitations, an employer may use the period from Jan. 1 to Dec. 31 or establish its own calendar year, which can be any regular and consecutive 12-month period.
Safe Leave and When Employees May Use It
These are part of the 2018 changes to the sick and safe law, but it’s important to keep them in mind as they still apply to the amended law.
Employees may use safe leave if they or a family member may be the victim of any act or threat of domestic violence, unwanted sexual contact, stalking, or human trafficking and they need to take actions necessary to restore the physical, psychological, or economic health or safety of themselves or family members or to protect those who associate or work with the employee, including to:
- Obtain services from a domestic violence shelter, rape crisis center or other services program.
- Participate in safety planning, relocate, or take other actions to protect the employee’s safety or that of the employee’s family members, including enrolling children in a new school.
- Meet with an attorney or social service provider to obtain information and advice related to custody, visitation, matrimonial issues, orders of protection, immigration, housing, or discrimination in employment, housing or consumer credit.
- File a domestic incident report with law enforcement or meet with a district attorney’s office.
- Attend civil or criminal court dates related to any act or threat of domestic violence, unwanted sexual contact, stalking or human trafficking.
The Expanded Definition of Family Member
The new law expands the definition of “family member” to include:
- An employee's child, spouse, domestic partner, parent, sibling, grandchild or grandparent.
- The child or parent of an employee's spouse or domestic partner.
- "Parent" shall mean a biological, foster, step-, or adoptive parent or a legal guardian of an employee or a person who stood in loco parentis when the employee was a minor child.
- "Child" shall mean a biological, adopted or foster child, a legal ward, or a child of an employee standing in loco parentis.
Employee Use of NYSSL
The law allows employers to set a reasonable, minimum increment for use of sick leave, which cannot exceed four hours.
Employees may use sick leave for any of the following reasons:
- For a mental or physical illness, injury, or health condition of the employee or an employee’s covered family member, regardless of whether such illness, injury, or health condition has been diagnosed or requires medical care at the time of the request for leave
- For 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 such employee or such employee’s family member
- For an absence from work for various reasons when the employee or employee’s family member has been the victim of domestic violence, a family offense, sexual offense, stalking or human trafficking
In addition, the law says that:
- Employees may make requests to use sick leave orally or in writing. Employers may not require disclosure of confidential information related to the underlying reason for the request for sick leave.
- Sick leave must be paid per the greater amount: the employee’s regular rate of pay or the applicable state minimum wage.
- Employers cannot discharge, threaten, penalize or in any other manner discriminate or retaliate against an employee for requesting and using sick leave.
Carryover and Payout Requirements
Unused sick leave must be carried over to the next calendar year, but the employer may limit the amount of sick leave that can be used in a calendar year to:
- Forty hours for employers with fewer than 100 employees.
- Fifty-six hours for employers with 100 or more employees.
However, employers are not required to pay an employee for unused sick leave upon their separation of employment.
Impact on Existing Employer Sick Leave Policies and Local Laws
- Employers with existing sick leave or time-off policies that provide employees with leave that meets or exceeds the requirements of the new law as it relates to the amount of leave as well as accrual, carryover, and usage requirements are not required to provide additional sick leave pursuant to the new law.
- The new law allows cities with a population of at least 1 million to enact and enforce local laws that meet or exceed the requirements of the state law. Moreover, any paid sick leave provided by such local laws in effect as of the effective date of the state law are not diminished based on the new state law.
Impact on Union Employees
Employers with employees covered by a collective bargaining agreement (CBA) entered into on or after the effective date of the law (Sept. 30, 2020) may provide, in lieu of providing leave under the law, a comparable benefit to covered employees.
These benefits may come in the form of leave, compensation, other employee benefits or some combination thereof, assuming the CBA specifically acknowledges the provisions of the new law.
Initial Notification Requirements
You must provide each employee with written notice of the employee’s right to safe and sick leave, including accrual and use of safe and sick leave, the right to file a complaint, and the right to be free from retaliation. The notice must state the start and end dates of your calendar year. Employees have a right to the notice in English and, if available on the DCA website, their primary language. The notice is available at nyc.gov/PaidSickLeave.
Notice of Amount of Time and Other Record Retention Requirements
- The law states that upon oral or written request, employers must provide a summary of the amount of sick leave accrued and used by the employee in the current calendar year (or any previous calendar year) within three business days of the request.
- The employer must maintain records regarding the amount of sick leave provided to employees for six years.
For Employees
Employees should be aware of the following changes brought by the new law. The following provisions took effect on Sept. 30, 2020:
- If you are a domestic worker, your employer must give you 40 hours of paid sick leave.
- You can use safe and sick leave as it is accrued.
- Your employer must reimburse you for any required documentation after three consecutive workdays of leave.
- Your employer must list on your pay stubs (or any document issued each pay period) the amounts of accrued and used leave and the total balance of accrued leave.
The following goes into effect on Jan. 1, 2021:
- If your employer has fewer than 100 employees, they must provide 40 hours of paid sick leave.
- If your employer has 100 employees or more, they must provide 56 hours of paid sick leave.
- If your employer has fewer than four employees and a net income of less than $1 million in the previous tax year, they must provide 40 hours of unpaid sick leave.
- If your employer has fewer than four employees and a net income in excess of $1 million in the previous tax year, they must provide 40 hours of paid sick leave.
- If your employer has fewer than four employees in any calendar year and a net income of less than $1 million in the previous tax year, they are not required to provide paid sick leave.
- Your employer cannot require you to disclose any confidential information in verifying the need for NYSSL.
- Unused sick leave must roll over into the following year.
- Sick leave will accrue at a rate of one hour for every 30 hours worked unless your employer elects to frontload the hours at the beginning of the calendar year.
- The number of employees is based on a calendar year.
Your employer must provide you with written notice of your right to safe and sick leave, including accrual and use of safe and sick leave, the right to file a complaint, and the right to be free from retaliation.
The notice must state the start and end dates of your calendar year. You have a right to the notice in English and, if available on the DCA website, your primary language.
How You Can Use Your Sick/Safe Leave
Your employer must allow you to use your sick leave for any of the following reasons:
- To obtain services from a domestic violence shelter, rape crisis center or other services program
- To participate in safety planning, relocate, or take other actions to protect the employee’s safety or that of the employee’s family members, including enrolling children in a new school
- To meet with an attorney or social service provider to obtain information and advice related to custody, visitation, matrimonial issues, orders of protection, immigration, housing, or discrimination in employment, housing, or consumer credit
- To file a domestic incident report with law enforcement or meet with a district attorney’s office
- To attend civil or criminal court dates related to any act or threat of domestic violence, unwanted sexual contact, stalking or human trafficking
- For a mental or physical illness, injury, or health condition of the employee or an employee’s covered family member, regardless of whether such illness, injury, or health condition has been diagnosed or requires medical care at the time of the request for leave
- For 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, such employee or such employee’s family member
- For an absence from work for various reasons when the employee or employee’s family member has been the victim of domestic violence, a family offense, sexual offense, stalking or human trafficking
What Is a Family Member Under the New Law?
The new law expands the definition of “family member” to include:
- Your child, spouse, domestic partner, parent, sibling, grandchild or grandparent.
- The child or parent of your spouse or domestic partner.
- "Parent" is defined as a biological, foster, step- or adoptive parent or a legal guardian of an employee or a person who had legal custody of you when you were a minor child.
- "Child" shall mean a biological, adopted or foster child, a legal ward, or a child of yours if you have legal custody.
Other Protections Under the Law
- You may make requests to use sick leave orally or in writing. Your employer cannot require disclosure of confidential information related to the underlying reason for your request for sick leave.
- Sick leave must be paid per the greater amount: either your regular rate of pay or the applicable state minimum wage.
- Employers cannot discharge, threaten, penalize, or in any other manner discriminate or retaliate against you for requesting and using sick leave.
Your employer can set a reasonable minimum increment for use, which cannot exceed four hours.
Carryover and Payout Requirements
Unused sick leave must be carried over to the next calendar year, but your employer may limit the amount of sick leave that can be used in a calendar year to:
- Forty hours for employers with fewer than 100 employees.
- Fifty-six hours for employers with 100 or more employees.
It’s important to note that your employer doesn’t have to pay you for accrued sick leave if you leave your job for any reason.
What If You Have a Complaint?
If you feel your employer is not complying with the law, you can file a complaint with the New York Department of Labor.
Learn More
Helpful Articles
Request a Quote
Complete Payroll is more than just a payroll provider. We can help with timekeeping, human resources, and labor law compliance. And we're constantly keeping our clients informed on the latest labor law updates and other news that impacts employers. To learn what life is like in Payroll Country, click the link below.
Arden Neubauer
"Hunt Hollow Ski Club has tried other payroll companies from time to time, but always return to Complete Payroll because we have an assigned specialist who knows our needs inside and out, is knowledgeable, easy to reach and very responsive. My questions and concerns are addressed in a VERY timely manner and I never feel that I have to handle sticky issues alone."
Bahar Uttam
I have been working with Lacy Smart and her team for the last few years. I have been impressed by her responsiveness, accuracy, and high level of providing client satisfaction. She and her team are a wonderful testament to the organization!
Bobby Luu
Ashley from Complete Payroll has always been helpful. It seems that whenever we have a challenge, Ashley is there to help us through and does it well. Her customer service skills are excellent.
Bonnie Deneef
I have worked with a few different payroll providers during my career. Complete Payroll is absolutely, by far, the most proficient and customer service-oriented provider I have been privileged to work with. Lindsay Ezard goes above and beyond to assist me with any question I may have. Thank You Lindsay!
Carol Grover
The team at Complete Payroll is always responsive, always helpful, and always professional. They have gone above and beyond over recent years to assist Keuka College in creating efficiencies, maintaining compliance, and improving processes. Complete Payroll is a trusted partner, a valued resource, and a respected adviser.
Cathie Rene
My experience with Complete Payroll has been exceptional. I was a novice to payroll so my learning curve was big. Andrea is wonderful helping me navigate payroll and not just fixing my errors but explaining what I did or did not do.
Cathy Pace
Finger Lakes Wrestling Club Inc
We were referred to Complete Payroll years ago by a board member and haven't looked back since. When I first started working with them, I knew nothing about payroll. My first rep Lacey, and now JoAnn, are great to work with. Working with Complete Payroll has just been a wonderful all-around experience for me.
Cathy Schuth
We very much appreciate the quick service. If I need a special report it arrives via email within one business day, if not that day.
Christina Wagar
Dr. Christopher Mozrall
Complete Payroll is a great payroll company, and we love Lacey! She always has the answers to my questions without hesitation. There is very little (if any) wait time to get a call back.
Colleen Koll
The first suggestion I made after I joined Shear Ego was that if they were not yet using Complete Payroll, they should be. We continue to be impressed and happy with the quality and friendliness of service, and the excellent newsletters and up-to-date information on all things payroll and HR.
Debbie Klymkow
We moved to Complete Payroll about 3 years ago. It was seamless and working with Lacy Smart on Mondays is a breeze.
Diane Romano
ROMOLD Inc.
People do business with people, not with corporations. In over 20 years, we have only had two customer service reps. Instead of feeling like we are one of 10,000, CP makes us feel like family! We count on Lindsay getting it right, and she always does. Even when we go outside the box, all is as we expect it!
Dick Eakins
Norco Farms
Complete Payroll fits my budget, I never get bounced around between customer service reps, and it's very easy to enter my payroll. I simply take a photo of my payroll sheet and email it to my rep. There's never a problem! With them, it's business done, and business done right.
Don Cunningham
Complete Payroll Processing provided an easy transition from internal payroll processing. With payroll as their core competency, CP has the expertise to help mitigate errors and ease the burden of annual updates. Comprehensive reporting gives all the details needed and an organization can operate with an added piece of mind knowing that the payroll service is taken care of.
Eileen Reeves
After nearly 10 years, we are receiving the same or better service than when we started. The ability to reach our dedicated customer service representative in a timely manner is huge when there are deadlines in play. Requests for unique reports and integration with our other vendors has been handled without hesitation. We truly feel a partnership with Complete Payroll.
Elmira Dewes
Elite Roasters
I am very happy with your service and your website is easy to use. Employees are so responsive and ready to help with any questions. Andrea responds quickly to email, Tracy did everything from the beginning to get us started understanding and entering payroll, and Sydney's training was just super helpful.
Emily Wyse
I just love Lindsay! She does an awesome job! She is very responsive and I like that she teaches me how to find things rather than just doing it for me.
Geri Vitullo
When our business began in 2005 I knew right away which payroll company we would use. I have had exactly 2 payroll specialists since then, and I feel like they know me & our company. I am not shy to ask questions & if they don't know the answer I am always pointed in the right direction. I have every confidence in my payroll specialist, Lindsay and the company she is with!
Gwen Jones
I have had the great pleasure of working with Payroll Country for almost two years now. Tiffany was my original CSR and was very helpful, courteous, and was always there whenever I needed help. So far, my experience with my new rep, John, has been wonderful as well. I look forward to working with Complete Payroll for many years to come!
Howard Clarke
H Clarke Services
We have been with Complete Payroll for quite awhile now and plan on staying. Thanks!
Watch Howard's Testimonial
Jeff Allen
Crossroads House has been using Complete Payroll for several years now. Their service is fast, friendly and accurate. Whenever we have payroll documentation needs arise for our employees, Complete Payroll always gets the job done quickly and efficiently. We are proud to count them as one of our many community partners.
Jill Bonnell
We have received excellent and attentive service for over 10 years now. We have come to rely on Complete Payroll's consistency and very low turnover. We appreciate the chance to know our rep and they get to know us and our needs as a business. If we have payroll or general HR questions, Complete Payroll has the answers for us.
Joanna Bates
Great customer service combined with a reduction in processing fees made the decision to stay with Complete Payroll an easy one. Our customer service representative, Kendall, always gets back to us quickly, and she is always very helpful and friendly. Also, the training that we received from LeeAnn was thorough and beneficial.
John Worth
We have been well served by Complete Payroll. When we have needed support, it was given both in payroll and other employee matters, like handbooks.
Judy Mcdonald
Antonucci Law Firm
It has been great working with everyone from Complete payroll. Everyone through the years have always been great. They take your phone calls every time, and always go above and beyond what you need. We have been customers for years and will continue for years.
Kelly Stephenson
We have been using Complete Payroll for over five years and have found them to be responsive, professional, friendly, and cost effective. Customer service is best judged when something goes wrong. Complete Payroll is always there immediately to help fix the issue. Complete Payroll is a payroll partner, not just a payroll service.
Linda Moore
Tiffany Transportation Services LTD.
I have worked with many payroll companies throughout my career and Complete Payroll surpasses them all in personalized service. My CSR is Andrea and I have always received assistance in a timely manner. Keep up the great job!
Lisa Carpenter
Olean Wholesale Grocery Coop., Inc.
Complete Payroll is the best choice that I have made for our payroll and HR services. Anytime I have called customer service, there is always a happy and knowledgeable person on the line to help us out! They have done anything I have asked of them in a quick and efficient manner! I would recommend them to anybody!
Nancy Woolver
Financial Service Company
What I love most about Complete Payroll is the quick resolution and response. There are not many issues, but like anything in life, issues happen. Complete Payroll is the best at acknowledging the issue and resolving the problem quickly. My rep is fantastic to work with, and I refer Complete Payroll whenever I can!
Paul Cronk
I've been very pleased with the service and responsiveness of my CSR, and CP's continued dedication to provide us with all the tools we need to have a successful payroll and HR experience. You are always available when I have a question and always make sure that any problems that arise are worked through to my satisfaction.
Paul Martin
Elite Armed Response Service, LLC
I can not fully express my satisfaction with Complete Payroll's personalized service, directed to my specific business needs. They are always there to make suggestions on how to make my experience better. I highly recommend Complete Payroll to anyone that has a business, large or small. You will not be disappointed!
Shane Gustafson
Complete Payroll has, by far, been the easiest and friendliest company we have ever worked with. They are quick to respond to any questions I am having, and they also have a great pricing structure.
Shivaugn Ahern
The attention to detail in the customer experience and the consistent friendliness of the Complete Payroll team really make the difference. Liz, Mona, LeeAnne, Brandi, and Lacy have all been great to work with.
Sue Horn
Brian Horn's Auto Repair, Inc.
Complete Payroll's service, loyalty, and family atmosphere is second to none! We NEVER have any mistakes, and payroll is always on time. When I have a "Brain Fart" and forget to call in payroll, my rep Lindsey has my back. Our company will always be with Complete Payroll, and I recommend them to anyone who asks. They get an A++ rating in our book!
Susan Munsch
We couldn't be happier with Complete Payroll's service. Prompt and professional, every concern or question is addressed immediately. Our rep Lacy is an absolute pleasure to deal with. We have every intention to continue our working relationship with them for years to come. It is a load off to know that this part of our business is "worry free."
Teresa Bullock
We have been in business for 70 years and have dealt with A LOT of other payroll companies! Complete Payroll is by far the best we have worked with! Ashlee Adams is my CSR and she is absolutely the BEST! Always makes time for me and very patient with any question that I may have!
Teresa Jackson
We have been customers for many years. Evolution Software is easy to use but, more importantly, Cindy is an email away and her knowledgeable, efficient, and quick to replies to our questions are appreciated. We're very happy with Complete Payroll.
Tina Canali
Complete Payroll is always there if we have a problem or need something special! Their response time is AWESOME!
Denni Harbaugh
My CSR, Andi Dimmick, is The Bomb! She's always friendly, cheery, and with all her clients, makes me feel like she has carved time out for ME. Her customer service is AWESOME, and the personal touch means so much!
Elvira Aletta
Everyone I talk to at CP is friendly and tries to help. If they don't have a ready answer, that's OK. They take the time to find one. Website is user friendly, too. The actual operation of payroll is dependable and reliable.
Theone Kalkinis
Peregrine Walton LLC
On the ball with pertinent payroll and HR topics - love the payroll system and customer service!
Peter Varlan
Things go quite smoothly and I have a very good rep: Megan!
Norlene Boone
Kari Sutton and her team always are there ready to help me with any questions or concerns. The reports are easy to read and complete with the data I need for the job! Thank you, Kari!
Cindy Van Buren
Great customer support and service!
Bob Bolt
Easy to use! My rep, Ashlee Adams gives great customer service, and I love the options you have while still being affordable.
Joanne Hooven
LeeAnn was very helpful, very thorough, patient, and professional, and pleasant! She is an excellent trainer!
Gregory Geraci
Jack of All Trades
Leanne was very helpful!
Rachelle Lyons
JD Burkhardt, Inc.
LeeAnne was very helpful in explaining the program with me and answered all my questions. I look forward to trying it out on my own next week!
Lisa Lyons
Attica Auto Supply Inc
Friendly, answered all my questions, and never felt hurried.
Bonnie DeNeef
LeeAnn was just wonderful to work with.
Recent Articles from the Blog
We're constantly publishing content about payroll, human resources or anything related to managing your people.
Subscribe to Our Newsletter
Twice a month we share relevant and timely blog articles and other resources. No solicitations. No funny business. Just quality stuff to help employers.
Is your payroll or HR situation anything less than perfect?