New York law requires employers to provide sick leave to all employees without exemption, accrued at a rate of one hour for every 30 hours worked. If the employer employs four or fewer employees and has net income less than $1 million, the employer must provide up to 40 hours of unpaid sick leave per year accrued at the above rate. However, employers of four or fewer with revenues greater than $1 million and employers of five to 99 employees must provide up to 40 hours of paid leave per year. Employers employing 100 or more employees must provide up to 56 hours of paid leave per year accrued at the above rate.
Sick leave can be used by the employee for their or their family member’s mental or physical illness, injury, or health condition, or for any care, services, or legal needs that arise if they or their family member has been a victim of “a family offense, sexual offense, stalking, or human trafficking.” Family member is defined to include ” an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent; and the child or parent of an employee’s spouse or domestic partner” where the child and parent may be biological or non-biologically related to the employee.