New York Paid Sick Leave Accrual Calculator

Estimate paid sick leave accrual under New York Labor Law § 196-b: one hour for every 30 hours worked. Annual caps differ by employer size — 40 hours for most employers, 56 hours for large employers with 100 or more employees.

New York's paid sick leave law (Labor Law § 196-b, effective September 30, 2020) requires employers to provide paid sick leave accruing at one hour per 30 hours worked. The annual cap is 56 hours for employers with 100 or more employees and 40 hours for employers with 5–99 employees. Employers with fewer than 5 employees and net income at or below $1 million provide 40 hours of unpaid leave at the same accrual rate. — New York Department of Labor — Paid Sick Leave

Scope: This calculator models the statewide minimum under NY Labor Law § 196-b. New York City's Earned Safe and Sick Time Act, local ordinances, and employer frontloading arrangements may produce different results.

Enter your hours and employer size

New York Paid Sick Leave law (Labor Law § 196-b)

Under NY Labor Law § 196-b, covered employees accrue one hour of paid sick leave for every 30 hours worked. Accrual begins on the first day of employment and continues throughout the year.

Basic formula

raw accrual = hours worked / 30 accrual counted = min(raw accrual, annual cap) estimated balance = prior balance + accrual counted - leave used

Employer-size caps

The annual cap varies by employer size. Employers with more than 99 employees allow up to 56 hours per year. Employers with up to 99 employees cap accrual at 40 hours per year. Very small employers below the coverage threshold may not be required to provide paid leave — confirm coverage under the statute.

When can leave be used?

Accrued leave may first be taken on the first day of employment (accrual begins immediately; use is permitted after 30 calendar days for employers of all sizes). Hours continue accruing during the waiting period; the balance shown here may not yet be legally available.

Carryover and year-end balance

Unused paid sick leave of up to 56 hours (for 100+ employee employers) or 40 hours (for smaller employers) carries forward to the next year. Employers may allow more generous carryover.

Leave payout at separation

New York law does not require payout of unused paid sick leave at separation. Unused hours are forfeited at termination unless a written employer policy provides otherwise.

What this calculator does not determine

Whether an employer with 1–4 employees and net income above $1 million must provide paid leave (they do) or unpaid leave (net income at or below $1 million).
Whether an employer uses a compliant frontloading arrangement instead of per-hour accrual.
Whether a local ordinance (New York City) provides greater benefits.
Whether a specific absence qualifies as an authorized use under Labor Law § 196-b.
How fractional hours are tracked or rounded on payroll records.

Worked examples

Example 1: employer with 100 or more employees, 1,680 hours worked

hours worked = 1,680 raw accrual = 1,680 / 30 = 56.000 hours annual cap = 56 hours counted accrual = 56.0 hours

Example 2: employer with 5–99 employees, full year

hours worked = 2,080 raw accrual = 2,080 / 30 = 69.333 hours annual cap = 40 hours counted accrual = 40.0 hours

Sources and verification

The accrual ratio, employer-size caps, 30-day use waiting period, and carryover rules are sourced from NY Labor Law § 196-b and the New York Department of Labor Paid Sick Leave page, verified August 2026. See the site's methodology for how rules become tested calculator logic.

Common questions

How much sick leave does a New York employer have to provide?

It depends on employer size. Employers with 100 or more employees must provide up to 56 hours of paid sick leave per year. Employers with 5–99 employees must provide up to 40 hours of paid sick leave per year. Employers with 1–4 employees must provide paid leave if net income exceeds $1 million, or unpaid leave otherwise.

When can a new New York employee use sick leave?

Accrual begins on the first day of employment. New employees may use accrued leave after 30 calendar days — a much shorter waiting period than most states.

Does New York sick leave carry over?

Yes. Unused paid sick leave carries forward to the next year, up to the applicable annual cap (56 or 40 hours depending on employer size). New York City has its own ordinance with somewhat different carryover rules.

Is New York sick leave paid out at termination?

No. Labor Law § 196-b does not require payout of unused paid sick leave when employment ends. A written employer policy may create a separate obligation.

Do New York City employees get additional protections?

Yes. New York City's Earned Safe and Sick Time Act (NYC Admin. Code § 20-911) applies to employees who work in the City and may provide additional requirements. This calculator reflects the statewide minimum — NYC employees should also consult the NYC rule.