NYC's Paid Safe and Sick Leave Law

Overview of NYC’s Paid Safe and Sick Leave Law

Under NYC’s Paid Safe and Sick Leave Law, covered employees have 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 or take other safety measures if the employee or a family member may be the victim of any act or threat of domestic violence or unwanted sexual contact, stalking, or human trafficking. Employer responsibilities include:

• Employers with 100 or more employees must provide up to 56 hours of paid leave each calendar year.
• Employers with 5 to 99 employees must provide up to 40 hours of paid leave each calendar year.
• Employers with four or fewer employees and a net income of $1 million or more must provide up to 40 hours of paid leave each calendar year.
• Employers with four or fewer employees and a net income of less than $1 million must provide up to 40 hours of unpaid leave each calendar year.
• Employers with 1 or more domestic workers must provide up to 40 hours of paid leave each calendar year; employers with 100 or more domestic workers must provide up to 56 hours of paid leave each calendar year.
• Employers must allow employees to use safe and sick leave as it is accrued, with no waiting period for new hires.
• Employees can use safe and sick leave for unexpected reasons without giving advance notice.
• Employers must provide employees with a written safe and sick leave policy that describes the benefit and how to use it.
• Employers can require documentation only when employees use more than three workdays in a row of safe and sick leave, if the documentation requirement is explained in the employer’s written policy.
• Employers must inform employees of their accrued, used, and total leave balances on a paystub or through an employee-accessible electronic system.

Law, Rules, and FAQs

New York City Administrative Code > Title 20: Consumer and Worker Protection > Chapter 8: Earned Safe and Sick Time Act

Rules of the City of New York > Title 6: Department of Consumer and Worker Protection > Chapter 7: Office of Labor Policy and Standards > Subchapter B: Earned Safe and Sick Time

Read Paid Safe and Sick Leave: Frequently Asked Questions (09/2024)

COVID-19 Paid Leave

• If you, your child, or a close family member test positive for COVID-19, you may be eligible for paid leave under New York State labor laws. Contact the New York State Department of Labor (NYS DOL) to learn more.
  • Visit paidfamilyleave.ny.gov/covid19
  • Call 888-4-NYSDOL (888-469-7365)

These rights under New York State law are in addition to your rights under NYC’s Paid Safe and Sick Leave Law. If you are eligible for leave under State law, consider using NYS leave before using your accrued sick leave under City law. Note: Your employer cannot require you to use your accrued NYC sick leave first. Employers cannot mistreat or punish workers for using or asking for sick leave. If you have questions about NYC’s Paid Safe and Sick Leave Law, contact the NYC Department of Consumer and Worker Protection. Call 311 and say “Paid Safe and Sick Leave” or e-mail OLPS@dcwp.nyc.gov

Information for Employers and Employees

Under New York City's Earned Safe and Sick Time Act (Paid Safe and Sick Leave Law), certain employers must give their employees safe and sick leave. Click below to learn more.