New Paid Sick Leave Benefits for New Yorkers Go Into Effect January 1, 2021



New Yorkers now have access to new paid sick leave benefits beginning January 1st.

The leave can be used for a personal illness, to care for a sick family member, or to address safety needs for victims of domestic violence, sexual assault, stalking or human trafficking.


Workers earn one hour of sick leave for every 30 hours they work. The legislation is retroactive to September 30, 2020. You can read more about this benefit via our prior post here


The new law also requires businesses to provide different levels of sick leave per year depending on their size:

  • Businesses with at least 100 employees must provide up to seven days (56 hours) of paid sick leave

  • Businesses with five to 99 employees must provide up to five days (40 hours) of paid sick leave

  • Businesses with fewer than five employees but have a net income of more than $1 million must provide up to five days (40 hours) of paid sick leave

  • Businesses with fewer than five employees and have a net income of less than $1 million must provide up to five days (40 hours) of unpaid sick leave

Prior to this law, roughly 1.3 million New Yorkers did not have access to paid sick leave. Nearly 1 in 4 workers reported being fired or being threatened with termination for taking sick time.


Additional guidance on the state law from the Department of Labor is anticipated. Employers with sick leave policies should have them reviewed and revised for compliance with state sick leave and those without sick leave policies should prepare to implement them.


About the author


Gregg Perez combines his love and passion to help law firms, start-ups, and companies of varying size reach their best potential with the experience gained from working with Fortune 500 companies, law firms, and start-ups. As a Director, Administrator, COO, VP and consultant, he brings years of consulting and real life experience to the table for his clients.