Leave policy guide

New York

Complete guide to New York leave laws including NY Paid Family Leave, sick leave, and disability benefits. Updated for 2025.

0

Annual leave

13

Public holidays

state

Location type

2025-01-15

Reviewed

Legal framework

Primary legislation

New York Paid Family Leave Law

Governing body

New York State Workers' Compensation Board

Last updated

2025-01-01

Official source

Entitlements overview

Annual leave

Statutory entitlement: 0

Calculation: No statutory requirement for vacation

Pro-rata: Determined by employer policy

Carryover: Determined by employer policy. New York allows use it or lose it policies.

Sick leave

Statutory: Yes

Paid days: 5

Statutory pay: Regular rate of pay for paid days

Eligibility: All employees in NY, 0-4 employees, net income under $1M: 40 hours unpaid, 0-4 employees, net income $1M+: 40 hours paid, 5-99 employees: 40 hours paid, 100+ employees: 56 hours paid

Parental leave

Maternity: 12 weeks PFL + disability benefits for pregnancy/childbirth

Paternity: 12 weeks PFL

Adoption: 12 weeks PFL

Shared leave: Each parent gets own 12 weeks

Additional leave and compliance

Other leave types

Blood Donation Leave: 3 hours (unpaid)

Bone Marrow Donation Leave: 24 hours (unpaid)

Voting Time: Up to 2 hours (paid)

Jury Duty: As needed (unpaid)

Domestic Violence Leave: Reasonable time (unpaid)

Record keeping and notice

Records: Maintain sick leave records for 6 years, Track PFL and disability claims, Document all leave requests and responses, Keep payroll records showing leave

Employer notice: Provide written sick leave policy notice

Employee notice: 30 days notice for foreseeable PFL

Penalties: Sick leave violations: Up to $10,000 for willful violations, PFL violations: Benefits plus penalties, Retaliation claims can result in reinstatement and damages

Public holiday sample

New Year's Day: 2025-01-01

Martin Luther King Jr. Day: 2025-01-20

Lincoln's Birthday: 2025-02-12

Presidents' Day: 2025-02-17

Memorial Day: 2025-05-26

Juneteenth: 2025-06-19

Frequently asked questions

How does New York Paid Family Leave work?

NY PFL provides up to 12 weeks of job-protected, paid leave for bonding with a child, caring for a family member with a serious health condition, or military family needs. Benefits are 67% of your average weekly wage, up to the state maximum.

How much sick leave do NY employees get?

It depends on employer size: 0-4 employees get 40 hours (paid if net income over $1M), 5-99 employees get 40 hours paid, and 100+ employees get 56 hours paid.

Can I use NY PFL for my own health condition?

No, PFL cannot be used for your own serious health condition. For that, you would use NY disability insurance benefits. PFL is for caring for others or bonding with a child.

Is NY PFL different from disability?

Yes. Disability (DBL) covers your own illness or injury including pregnancy. PFL covers bonding with a child, caring for family members, and military family needs. They are separate benefits.