Work, Pay & Leave Rights · Surprise rank #439
Part-Time in New York? You Still Earn Sick Leave—Up to 40 or 56 Hours a Year
New York’s sick-leave law covers private-sector workers regardless of part-time status. Most covered workers receive paid sick leave, with the yearly amount depending on employer size and, for the smallest employers, net income.
Who
Private-sector employees working in New York State, including part-time workers. Coverage does not depend on occupation, industry, part-time status or overtime-exempt status.
Where: New York State private-sector employment.
What to do
Start here: Check your pay/leave records or ask your employer for your available New York sick-leave balance. If required leave is denied, review the NYS Department of Labor sick-leave guidance and complaint options.
Eligibility: Leave generally accrues at no less than 1 hour for every 30 hours worked. Employers with 5–99 employees provide up to 40 paid hours; 100+ provide up to 56 paid hours. Employers with 0–4 employees provide up to 40 paid hours if prior-year net income exceeds $1 million, otherwise up to 40 unpaid hours.
What you get
Requires New York private-sector employers to provide sick leave that can be used for qualifying sick or safe reasons affecting the employee or certain family members.
Benefit: Up to 40 hours of sick leave a year for workers at employers with fewer than 100 employees, or up to 56 hours at employers with 100 or more. Most of this leave is paid.
Possible value: The value is the wages you keep while taking qualifying paid sick time: up to 40 hours of pay for most covered workers or up to 56 hours at employers with 100+ employees.
Good to know
Important: The name “Paid Sick Leave” hides one exception: employers with 0–4 employees and $1 million or less in prior-year net income can satisfy the state law with up to 40 hours of unpaid sick leave.
Availability: Active year-round.
Why people miss it: Part-time workers and employees of small businesses often assume the law only protects full-time workers.
Sources reviewed: Aug 10, 2026