What NYC's Paid Leave Law Requires

New York City's paid leave law, which took effect on January 1, 2020, requires most employers in the city to provide paid time off to their employees. The law is separate from New York State's paid family leave program and applies to businesses with at least four employees on the payroll. Employers must give workers paid leave for any reason — illness, family care, domestic violence, sexual assault, stalking, or personal business — without requiring them to disclose why they are taking the time.

The amount of paid leave depends on the size of the employer. Businesses with 4 to 10 employees must provide at least 40 hours (5 days) per year. Employers with 11 or more employees must provide at least 56 hours (7 days) per year. Part-time workers accrue paid leave on a prorated basis — if you work 20 hours per week, you earn paid leave at half the rate of a full-time employee. Employees can begin using accrued paid leave after 90 days of employment.

Key Takeaways

  • NYC employers with 4 or more workers must provide 40 hours of paid leave per year for small employers (4–10 workers) or 56 hours per year for larger employers (11+ workers).
  • Paid leave can be used for any reason — sickness, family care, personal business, or situations involving domestic violence, sexual assault, or stalking — without explanation required.
  • Part-time employees earn paid leave at a rate proportional to their hours worked, and accrual begins when ready even though use cannot start until after 90 days of employment.
  • Employers cannot require a doctor's note, advance notice beyond what is practicable, or payment in lieu of unused time when an employee leaves the job.
  • The New York City Department of Consumer and Worker Protection enforces the law and investigates complaints from workers who believe their employer violated the requirement.

How Paid Leave Accrual Works

Paid leave accrues from the first day of employment, even though employees cannot use it until 90 days have passed. This means that if you start a job on January 1, you begin earning paid leave when ready, but you cannot take it until April 1. The accrual method varies by employer — some front-load the full year's amount on January 1, while others accrue it gradually throughout the year (for example, earning roughly 3.3 hours per month for a 40-hour annual requirement).

Your employer must tell you in writing how much paid leave you have earned and how much you have used. This information should appear on your pay stub or in a separate statement at least quarterly. If your employer does not track accrual clearly, you have the right to request a written accounting of your balance. When you leave a job, your employer must pay out any unused paid leave at your regular rate of pay — they cannot forfeit it or require you to "use it or lose it."

What Employers Cannot Do

The law places strict limits on what employers can require or deny. An employer cannot ask you to provide a doctor's note, medical certification, or any other proof of why you need paid leave. They cannot require advance notice beyond what is practicable — typically, this means 30 days' notice for foreseeable absences and as much notice as possible for unforeseeable ones, but they cannot deny leave because you did not give notice weeks in advance for an emergency.

Employers also cannot retaliate against you for taking paid leave or for reporting a violation to the Department of Consumer and Worker Protection. Retaliation includes firing, demotion, reduced hours, or any other adverse action taken because you used paid leave or filed a complaint. If you believe your employer has retaliated, you can file a complaint with the city agency, which will investigate at no cost to you.

How Paid Leave Differs from Sick Leave and Other Time Off

NYC's paid leave law is broader than traditional sick leave because it covers any reason, not just illness. Some employers offer separate sick leave, vacation, and personal days — the paid leave law sets a floor, not a ceiling. If your employer already provides 40 or 56 hours of paid time off per year (depending on company size) under any name, they may satisfy the requirement by combining those categories, as long as employees can use the time for any reason without restriction.

The law does not replace New York State's paid family leave program, which covers absences for bonding with a new child, caring for a family member with a serious health condition, or military family leave. State paid family leave is a separate benefit, and you may be able to use both programs for different purposes. Employers cannot count state paid family leave hours toward the NYC paid leave requirement.

Reporting a Violation to the City

If your employer is not providing the required paid leave, is retaliating against you for using it, or is asking you to prove why you need it, you can file a complaint with the New York City Department of Consumer and Worker Protection. You can file online at the agency's website, by phone, or by mail. The complaint process is free, and you do not need a lawyer.

When you file, describe what happened, when it happened, and the names of any witnesses. Include your employer's name and address. The agency will investigate and may order your employer to pay back wages, provide the unpaid leave, and pay a penalty. Retaliation for filing a complaint is illegal, and the agency can pursue additional penalties if your employer takes action against you after you report them.

Special Rules for Domestic Violence, Sexual Assault, and Stalking

Employees who need time off because of domestic violence, sexual assault, or stalking have additional protections under the law. You do not have to disclose the reason for your absence, and your employer cannot require proof. If you need to take leave for court appearances, medical care, counseling, or safety planning related to these situations, that time counts as paid leave.

Your employer also cannot disclose to other employees or third parties that you have taken leave for these reasons. If you are concerned about safety at work, you can request a safety plan or reasonable accommodations — for example, a schedule change or a different work location — and your employer must consider the request. If your employer refuses or retaliates, you can file a complaint with the city agency.

Paid Leave When You Change Jobs or Are Laid Off

When you leave a job, your employer must pay you for all unused paid leave at your regular hourly rate or salary. This applies whether you resign, are fired, or are laid off. Your final paycheck must include this payout, and it must be calculated based on the hours or days you accrued but did not use. If your employer fails to pay out accrued leave, you can file a wage theft complaint with the Department of Labor or the city agency.

If you move to a new job in NYC, your new employer must provide paid leave according to the law — accrual does not carry over from your previous job. However, some employers offer to buy out unused leave from a previous employer as part of a hiring package. This is optional and not required by law, but some workers negotiate it as part of their offer.

Frequently Asked Questions

Can my employer require me to use paid leave before vacation or sick days?

No. Your employer cannot force you to use paid leave in a particular order or before other types of time off. You can choose which type of leave to use, and your employer must honor your choice. If your employer has a policy that requires you to exhaust paid leave first, that policy violates the law.

What if I work part-time or have irregular hours?

Part-time employees earn paid leave on a prorated basis. If you work 20 hours per week, you earn paid leave at half the rate of a full-time employee. If your hours vary, your employer must calculate your accrual based on your average hours over a set period. Ask your employer how they calculate your accrual rate if it is not clear.

Does paid leave carry over to the next year if I do not use it?

The law does not require employers to allow carryover, but some do. If your employer allows unused paid leave to carry over, they must permit you to accrue up to a reasonable cap (often 40 or 56 hours). If carryover is not allowed, you must use your leave by the end of the year or lose it — but your employer cannot require you to forfeit it without paying you out when you leave the job.

Can my employer ask why I am taking paid leave?

No. Your employer cannot ask you to explain why you need paid leave, and you are not required to provide a reason. If your employer asks, you can straightforward say it is personal or decline to answer. Asking for a reason does not violate the law, but using your answer to deny leave or retaliate does.

What happens if my employer goes out of business before paying out my unused leave?

If your employer closes or files for bankruptcy, unpaid wages — including accrued paid leave — are treated as a claim against the business. You can file a wage claim with the New York State Department of Labor, which may recover funds from the business or its assets. If recovery is not possible, you may have limited recourse, but filing a claim creates an official record.