Sick Leave — New York

Sample Sick Leave Policy

*This is a sample draft for review by qualified legal counsel before adoption. It does not constitute legal advice.*

Purpose

This policy exists to allow employees to take paid time away from work when they or a covered family member are ill, injured, or need medical care, without fear of losing pay or their job.

Scope

This policy applies to all full-time and part-time employees of [Company Name]. Temporary workers, independent contractors, and seasonal employees are covered only if required by applicable law. Where a specific state or local law grants broader rights than this policy, that law controls.

Policy

Accrual and Amount

• Employees accrue 1 hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours (5 days) per calendar year.
• Accrual begins on the first day of employment. Employees may use accrued sick leave after completing 90 calendar days of employment.
• Unused sick leave carries over to the following calendar year, up to a maximum of 40 hours carried over at any one time.
• Sick leave is not paid out upon separation from employment unless required by law.

Permitted Uses

Employees may use sick leave for:

• Their own illness, injury, medical appointment, or preventive care
• Care for a covered family member who is ill, injured, or has a medical appointment — covered family members include a spouse, domestic partner, child, parent, sibling, grandparent, grandchild, or any individual whose close association with the employee is the equivalent of a family relationship
• A public health emergency that causes the employee's workplace or a child's school or care facility to close
• Absences related to domestic violence, sexual assault, or stalking (including medical attention, safety planning, or legal proceedings) affecting the employee or a covered family member

Prohibited Uses

• Sick leave may not be used for personal vacation, recreational activities, or other non-qualifying absences
• Employees may not receive pay for sick leave they have not yet accrued, except at the Company's sole discretion
• Fraudulent use of sick leave (for example, claiming illness while engaged in outside employment or recreation) is a violation of this policy and may result in disciplinary action up to and including termination

Interaction With Other Leave

• Sick leave runs concurrently with any applicable Family and Medical Leave Act (FMLA) leave or state family leave, where legally permitted
• Workers' compensation benefits do not eliminate the right to use sick leave, but an employee may not receive more than their full regular pay through combined benefits

Procedure

Reporting an Absence

1. Notify your direct supervisor (or designated backup) as early as possible — ideally before your scheduled start time or within one hour after it.
2. Use the method your supervisor has designated (phone call, text, email, or HR system). A text message or email alone may not be sufficient if your supervisor has requested a phone call.
3. State that you are taking sick leave and give an expected return date if known. You are not required to disclose a specific diagnosis.

Requesting Planned Medical Appointments

1. Submit a sick leave request through [HR system / your supervisor] as far in advance as practicable.
2. Your supervisor will confirm approval within one business day of the request.

Documentation

• For absences of 3 or more consecutive days, the Company may request a written statement from a licensed healthcare provider confirming that leave was needed. The statement does not need to include a diagnosis.
• The Company will not require documentation for absences of fewer than 3 days except where there is a documented pattern of abuse.
• Documentation requirements will never exceed what is permitted under applicable state or local law.

Returning to Work

• Employees returning from a sick leave of 5 or more consecutive days may be asked to provide a fitness-for-duty clearance from a healthcare provider before resuming work, where permitted by law.
• Return-to-work clearances will be kept confidential and stored separately from the personnel file.

What Happens If Procedure Is Not Followed

• Failure to notify your supervisor without a valid reason may result in the absence being recorded as unexcused and unpaid.
• Repeated failure to follow notification procedures may lead to disciplinary action, separate from any discipline related to the underlying absence.

Recordkeeping

• The Company will maintain sick leave accrual and usage records for at least 3 years.
• Employees may request a written or electronic record of their current accrual balance at any time through [HR system / HR contact].

Questions

Direct all questions about this policy to:

• Your direct supervisor for day-to-day absence reporting
• Human Resources at [HR email / phone / HR portal] for questions about accrual, balance, documentation, or your rights
• [General Counsel / Employment Counsel] for legal questions about how this policy applies to your situation

New York Supplement

*This supplement applies to employees who work in New York State or New York City. It describes where New York law provides rights beyond the Core Policy above.*

New York State Paid Sick Leave (NY PSL)

• All New York employers must provide sick leave. Employers with 100 or more employees must provide up to 56 hours (7 days) of paid sick leave per calendar year — this exceeds the 40-hour Core Policy cap. [Company Name] will follow the higher New York State requirement for covered employees.
• Employers with 5–99 employees must provide up to 40 hours of paid sick leave per year (consistent with the Core Policy).
• Employers with 4 or fewer employees and net income of $1 million or more must provide up to 40 hours of paid sick leave; employers with 4 or fewer employees and net income under $1 million must provide up to 40 hours of unpaid sick leave.
• Accrual begins on September 30, 2020 (or the first day of employment for employees hired after that date) and employees may use leave 30 calendar days after accrual begins — not the 90-day waiting period in the Core Policy.
• Full carryover is required — all unused New York sick leave carries over to the next year, but employers may cap use at 56 hours per year for large employers (or the applicable lower cap).

New York City Earned Safe and Sick Time Act (ESSTA)

• Employees who work more than 80 hours per year in New York City are entitled to sick and safe leave (addressing domestic violence, sexual assault, stalking, and human trafficking) under ESSTA.
• Employers with 5 or more employees must provide up to 40 hours of paid leave; employers with 100 or more employees must provide up to 56 hours of paid leave.
• Employers with fewer than 5 employees and net income under $1 million must provide up to 40 hours of unpaid leave.
• Employees may use leave in increments as small as their regular scheduling unit, but the employer may not require increments of more than 4 hours.
• The City requires employers to provide employees with a written notice of rights at hire and post the NYC Paid Safe and Sick Leave Notice of Employee Rights.

Documentation

• Under New York law, employers may not require documentation for absences of fewer than 3 consecutive days. The Core Policy documentation rule is consistent with this floor, but the Company will not exceed it for New York employees.

Retaliation

• New York State and City law both explicitly prohibit retaliation against employees for exercising sick leave rights. Any adverse action taken within 30 days of an employee using or requesting sick leave is presumed retaliatory under ESSTA.

Interaction With New York Paid Family Leave (NY PFL)

• New York employees are also separately entitled to Paid Family Leave for bonding, family care, and qualifying military events. NY PFL is funded through employee payroll deductions and runs on its own schedule — it does not replace or reduce sick leave rights. Contact HR for details on NY PFL eligibility and the claims process.

Review Note

The following areas are actively shifting and should be monitored before this policy is adopted or updated:

• Accrual and caps — Several states and cities are actively expanding paid sick leave caps and accrual rates. New York City's ESSTA was significantly amended in 2020 and enforcement priorities continue to evolve. Check for local amendments in cities where employees are located.
• "Safe leave" expansion — More jurisdictions are adding or broadening safe leave (for domestic violence, stalking, and trafficking) as a mandated component of sick leave statutes. Review local ordinances for any city or county where employees work.
• New York Paid Family Leave rates — NY PFL benefit percentages and wage caps adjust annually on January 1. Verify current year rates with the New York Workers' Compensation Board before open enrollment communications.
• AI and remote work nexus questions — As more employees work remotely, the question of which state's sick leave law applies (worksite state vs. residence state) is unsettled in several jurisdictions. Seek legal guidance for employees working across state lines.
• Federal sick leave — There is ongoing federal legislative activity around a national paid sick leave standard. No federal mandate currently applies to private employers year