LeaveCalc / Sick leave / New York

New York paid sick leave calculator

Enter your hours worked and see your accrued paid sick leave under New York’s law, including any cap and your running balance, instantly and privately.

✓ Free✓ Runs in your browser, nothing uploaded✓ Uses New York’s 2026 sick leave rules

1 Your hours

How we count:
  • We multiply the hours you worked by New York's accrual rate to estimate hours earned.
  • If the law sets an annual accrual cap, we stop counting new hours once you hit it.
  • If the law sets a maximum balance, your total before subtracting used hours is capped there too.
  • This does not account for hours carried over from a previous year or usage timed partway through the period.
Not legal advice or a payroll record. These are estimates based on the accrual rules on file for New York. Always check your actual balance against your pay stub, employee handbook or HR/payroll system; real-world proration and policy exceptions are not reflected here.

The rule in New York

“1 hour per 30 hours worked; cap 40h/yr (<100 employees) or 56h/yr (100+)”

“1 hour per 30 hours worked; cap 40h/yr (<100 employees) or 56h/yr (100+)”

  • 1 to 99 employees. earn 1 hour of paid sick leave for every 30 hours you work, up to 40.0 hours a year.
  • 100 or more employees. earn 1 hour of paid sick leave for every 30 hours you work, up to 56.0 hours a year.
  • Payout at termination. Sick leave payout at termination is generally not required unless your employer’s own policy promises it. (This is separate from any vacation-payout rules that may apply in New York.)
  • Carryover. 12 NYCRR 195.5: if the written policy is SILENT on forfeiture, NY DOL presumes payout is owed. A clear forfeiture clause, given to the employee in advance, is enforceable.
High confidenceOfficial source

How New York’s paid sick leave accrual works

Under New York’s paid sick leave law, earn 1 hour of paid sick leave for every 30 hours you work (the exact rate depends on your…

Under New York’s paid sick leave law, earn 1 hour of paid sick leave for every 30 hours you work (the exact rate depends on your employer’s size; see the table below). That works out to about 1.3 hours a week for a full-time, 40-hour-a-week employee, or about 69.3 hours over a full 2,080-hour work year, before any cap in the law is applied.

New York sets different accrual rates and caps depending on how many people your employer has: 1 to 99 employees: earn 1 hour of paid sick leave for every 30 hours you work, up to 40.0 hours a year. 100 or more employees: earn 1 hour of paid sick leave for every 30 hours you work, up to 56.0 hours a year.

Sick leave you do not use is generally not paid out when you leave your job unless your employer’s own policy says otherwise; that is a separate question from New York’s rules about ordinary vacation pay at termination, which this page does not cover. On carryover: 12 NYCRR 195.5: if the written policy is SILENT on forfeiture, NY DOL presumes payout is owed. A clear forfeiture clause, given to the employee in advance, is enforceable.

Part-time employees accrue the same way, just on fewer hours: someone working 25 hours a week under this law would earn about 0.8 hours of paid sick leave every week, or roughly 43.3 hours over a full year, subject to the same cap rules described above.

FAQ

How fast does paid sick leave accrue in New York?

You earn 1 hour of paid sick leave for every 30 hours you work. The exact hours-worked threshold and cap depend on how many people your employer has, since the law is tiered by employer size.

Is there a cap on how much I can earn?

Yes, and it depends on your employer’s size. 1 to 99 employees: earn 1 hour of paid sick leave for every 30 hours you work, up to 40.0 hours a year. 100 or more employees: earn 1 hour of paid sick leave for every 30 hours you work, up to 56.0 hours a year.

Can I carry unused sick leave into the next year?

The data on file does not show a numeric carryover cap for this specific sick leave mandate. For context, New York’s general note on ordinary vacation carryover says: 12 NYCRR 195.5: if the written policy is SILENT on forfeiture, NY DOL presumes payout is owed. A clear forfeiture clause, given to the employee in advance, is enforceable.

Does my employer’s size change my sick leave rules in New York?

Yes. 1 to 99 employees: earn 1 hour of paid sick leave for every 30 hours you work, up to 40.0 hours a year. 100 or more employees: earn 1 hour of paid sick leave for every 30 hours you work, up to 56.0 hours a year.

Is unused sick time paid out when I leave my job?

Generally, no. Paid sick leave you have not used is typically not required to be paid out when you leave a job, unless your employer’s own written policy specifically promises it. That is a separate question from any rules your state may have about ordinary vacation pay at termination, which this page does not cover.

Where is New York’s paid sick leave law?

See the official source: https://dol.ny.gov/system/files/documents/2021/03/p27.pdf. LeaveCalc’s confidence rating for this page is High.