Paid Safe and Sick Leave

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Labor Law for information about Paid Family Leave

New York City’s Paid Safe and Sick Leave Law gives covered employees the right to use safe and sick leave to care for themselves or anyone they consider family.

You are a covered employee if you:

Work part time or full time at any size business or nonprofit in NYC.
Work as a domestic worker for a private household in NYC.

You can use leave for:

Health, including to care for a child who is sick or whose school or child care provider closed due to a public health emergency
Safety because of domestic violence, unwanted sexual contact, stalking, or human trafficking

You have this right regardless of your immigration status. Retaliation is illegal.

Important Updates

Effective September 30, 2020:

Domestic workers get up to 40 hours of paid safe and sick leave.
All covered workers can use leave as they accrue it.
Employers must reimburse employees who pay for required documentation after three consecutive workdays of leave.
Employers must list on employees’ paystubs (or any document issued each pay period) the amounts of accrued and used leave and the total balance of accrued leave.

Effective January 1, 2021:

Employers with 100 or more employees must provide up to 56 hours of paid leave.
Employers with four or fewer employees and a net income of $1 million or more must provide up to 40 hours of paid leave.
Employers with four or fewer employees and a net income of $1 million or less must continue to provide up to 40 hours of unpaid leave.
Employers of 100 or more domestic workers must provide up to 56 hours of paid leave.

Under NYC’s Paid Safe and Sick Leave Law, covered employees can use sick leave:

For diagnosis, care, or treatment of illness, injury, or health condition or for preventive medical care for employee or anyone employee considers family.
When a public official closes employee’s business or child’s school or child care provider due to a public health emergency.
To recover from side effects of the COVID-19 vaccine.

Employees may be eligible for 2 additional days as unpaid leave under NYC’s Temporary Schedule Change Law. See the Temporary Work Schedule Change page for more information.

Vaccination

All private and public sector workers in New York State get up to 4 hours per vaccine injection, for a total of up to 8 hours.

This law is effective from March 12, 2021 through December 31, 2022.

Visit the New York State Department of Labor's website.

Paid Leave for COVID-19 Vaccinations is in addition to accrued leave under State or City Paid Sick Leave Laws. New York State’s Paid Sick Leave Law took effect September 30, 2020. Workers may use accrued leave under City law to recover from side effects of the COVID-19 vaccine. Leave may also be covered by State law.

Mandatory Quarantine or Isolation

The federal and state governments passed laws to protect workers. Although the federal law expired on December 31, 2020, workers may be able to claim federal benefits for sick leave used in 2020.

Workers who need an order of quarantine or isolation (COVID-19 Paid Sick Leave Documentation) to give their employers can contact the NYC Department of Health.

New York State Emergency COVID-19 Paid Sick Leave

The state law covers government-ordered quarantine or isolation only.

Note: Workers who used leave in 2020 and were eligible for federal benefits must use them first and may only use state benefits if the state law provides more benefits than what federal law allowed.

Employees get leave for the duration of quarantine or isolation. Rate of pay is based on number of employees and, in some cases, business earnings.

Number of Employees	Business Income	Rate of Pay
1-10	Less than $1 million in prior year	Unpaid (all days)
1-10	More than $1 million in prior year	Paid (at least 5 days) Unpaid (remaining days)
11-99	Not applicable	Paid (at least 5 days) Unpaid (remaining days)
100+	Not applicable	Paid (at least 14 days)

Employees may qualify for COVID-19 Paid Sick Leave for up to 3 orders of quarantine or isolation.

Employees can use Paid Family Leave or disability benefits for the mandatory quarantine or isolation period not covered by sick days paid directly by their employer.

Exception: Workers who voluntarily travel to states designated as high risk cannot access state paid sick leave benefits or other paid benefits under the law.

Learn more about emergency paid sick leave for COVID-19.

Federal Families First Coronavirus Response Act

The federal law was effective from April 2, 2020 through December 31, 2020. Workers may be able to claim federal benefits for sick leave used during this time frame in 2020 even though the law expired. As of January 1, 2021, employers have the option to provide leave and request reimbursement from the federal government; however, there is no federal requirement to provide leave.

The federal law covers businesses with up to 500 full-time and part-time employees. The U.S. Department of Labor has issued regulations exempting certain health care providers, emergency responders, and small businesses (50 or fewer employees) with documented financial difficulties.

Full-time employees get up to 2 weeks (80 hours) leave.
Part-time employees get their average hours for a 2-week work period in leave.

The rate of pay depends on the use.

Full-time and part-time employees get their regular rate of pay up to $511 per day (up to $5,110 total) for:

Mandatory quarantine or isolation
Doctor-recommended self-quarantine
Medical diagnosis due to symptoms of COVID-19

Full-time and part-time employees get 2/3 of their regular rate of pay up to $200 per day (up to $2,000 total) for:

Care for a family member under mandatory or doctor-recommended self-quarantine
Care for child due to school or child care facility closing or because child care provider unavailable due to COVID-19 (In this situation, workers are eligible for up to an additional 10 weeks of leave at 2/3 pay rate.)
Any other substantially similar condition as specified by relevant federal agencies

Employees may be eligible for expanded paid or unpaid leave under the Family and Medical Leave Act (FMLA).

You can get more information from the U.S. Department of Labor.

Visit the U.S. Department of Labor website.

You may be able to obtain documentation to give to your employer so that you can receive paid sick leave if you qualify for it and don’t have to go into work while you are sick.

You can request this documentation if you:

Have symptoms consistent with COVID-19, such as coughing, fever, or shortness of breath, and
Don’t have health insurance or your insurance coverage doesn’t provide telehealth services

A medical employee or clinician with the Health + Hospitals Call Center can provide you with a quick telehealth screening. This professional will ask you questions about your COVID-related symptoms.

If based on the screening the medical professional or clinician believes you are eligible for paid sick leave related to COVID-19, they will send you the required documentation needed to help you qualify for this benefit.

You will be asked for your name and email address or mailing address so that a staff member from the Department of Health can send you the required documentation. This information will not be collected or used for any other reason.

Call 311 for assistance.

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If you are an employer, you can find out:

Whether or not the City's Paid Safe and Sick Leave law applies to your business
What your responsibilities are if the law applies to your business

Be prepared to provide information about your business so that the Department of Consumer Affairs (DCA) can provide general guidance about whether the law applies to your business.

Online

Get information on Paid Safe and Sick Leave for employers.

You can also:

Submit questions by email PSSL@dca.nyc.gov.
Go to the DCA Business Toolbox. With this online tool, you can use DCA's online Live Chat for businesses. Live Chat is available for employer inquiries only.
- When you open the webpage, click the "Live Chat" button. Then, click the button in the middle of the screen that says "Live Chat with a DCA Representative to open a chat window."

By Phone

Call 311 for assistance.

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Learn About Employer Training

Employers interested in trainings or events about NYC’s Paid Safe and Sick Leave Law can:

Ask to be transferred to DCA’s Office of Labor Policy and Standards to request to schedule a training for your organization.
Learn about employer trainings and events that are open to the public.

Request an Information Sheet About the Law

You can request an information sheet that provides guidance to employers about their responsibilities under the City's Paid Safe and Sick Leave Law.

Online

Download the Paid Safe and Sick Leave Information Sheet for employers.

By Mail

Call 311 to request a paper copy.

If you are an employee, you can learn about your rights under the City's Paid Safe and Sick Leave Law.

Online

Get information on Paid Safe and Sick Leave for employees.

You can also submit questions by email to PSSL@dca.nyc.gov.

By Phone

Call 311 for assistance.

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Request an Information Sheet About the Law

You can request an information sheet that provides guidance to employees about their rights under the City's Paid Safe and Sick Leave Law.

Online

Download the Paid Safe and Sick Leave Information Sheet for employees.

By Mail

Call 311 to request a paper copy.

You can request a copy of the Notice of Employee Rights. Employers must give this written notice to employees who are covered under the City's Paid Safe and Sick Leave Law.

The Notice informs employees about their right to safe and sick leave and includes information about:

Safe and sick leave accrual
Use of safe and sick leave
Expanded definition of family members
Right to be free from retaliation
Right to file a complaint

Online

Get the Notice of Employee Rights.

By Mail

Call 311 to request a paper copy.

You can file a complaint against an employer who:

Does not give you safe and sick leave, whether paid or unpaid, if you are covered by the law
Does not give you the legally required notice of your right to safe and sick leave
Punishes you for using safe and sick leave

To file a complaint, complete a complaint form and email it to OLPS@dca.nyc.gov.

Online

Get the complaint form.

By Mail

Call 311 to request a paper copy.

The Department of Consumer Affairs (DCA) accepts anonymous tips about employers who are not obeying the City's Paid Safe and Sick Leave Law.

A DCA representative will ask you questions to assist with an investigation.

The results of any investigation are confidential.

Call 311 for assistance.

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In his 2019 State of the City Address, Mayor Bill de Blasio announced that the administration is expanding the mission and the name of the Department of Consumer Affairs (DCA) to the Department of Consumer and Worker Protection (DCWP).

You can check DCA's website for updates.

Visit the Department of Consumer Affairs' website.

Workers' Rights Campaign

The Workers' Rights Campaign introduces the newly renamed DCWP as a City agency that fights for every worker in NYC regardless of job or immigration status.

DCWP enforces different municipal labor laws, including: