New York Sick Leave and Prenatal Leave Policy
NEW YORK SICK LEAVE AND PRENATAL LEAVE POLICY
Employer: [COMPANY LEGAL NAME]
Effective date: [__/__/____]
HR contact: [NAME, EMAIL, PHONE]
Sick-leave calendar year: [START DATE] through [END DATE]
Paid prenatal leave 52-week period: [DEFINED PERIOD]
Before you use this: Select the sick-leave tier from the employer's calendar-year headcount and prior-year net income. A New York City employee may have additional local protections. (§ 196-b(1), (12).)
1. Sick-leave tier and accrual
Select the applicable tier:
☐ Four or fewer employees and prior-year net income not over $1 million: up to 40 hours of unpaid sick leave each year.
☐ Four or fewer employees and prior-year net income over $1 million, or five to 99 employees: up to 40 hours of paid sick leave each year.
☐ 100 or more employees: up to 56 hours of paid sick leave each year.
Employees accrue at least one hour for every 30 hours worked from the start of employment. The company may grant the full required amount at the start of the year, but will not reduce or revoke a frontloaded grant based on later hours worked. (§ 196-b(2)-(3).)
Chosen method: ☐ accrual ☐ qualifying full-year grant.
Balance system: [SYSTEM].
Company benefit above the statutory minimum, if any: [DETAILS OR "NONE"].
Unused sick leave carries to the next year. The company may limit use to 40 or 56 hours in a year according to its size tier. Employees may request their current or prior-year accrual and use summary from HR; it will be supplied within three business days. (§ 196-b(6), (11).)
2. Sick-leave uses and requests
Employees may request leave orally or in writing for their own or a covered family member's illness, diagnosis, care, or preventive care, or for covered safety needs arising from domestic violence, a family offense, sexual offense, stalking, or human trafficking. The definition of family member and full safety-use list are in § 196-b(4). HR will provide them on request.
Request leave through [CONTACT / SYSTEM] and state the dates and hours needed. The smallest increment under this policy is [____] hours and will not exceed the statutory four-hour maximum. HR will not require confidential medical or safety details as a condition of leave. Paid sick leave is compensated at the greater of the employee's regular rate or the applicable minimum wage. (§ 196-b(5).)
3. Separate paid prenatal personal leave
In addition to sick leave, employees receive 20 hours of paid prenatal personal leave during each 52-week calendar period for health care services received during pregnancy or related to pregnancy. It may be used in hourly increments and is paid at the greater of the regular rate or applicable minimum wage. Request it through [CONFIDENTIAL HR CONTACT]. The company does not reduce the sick-leave bank for this separate entitlement. (§ 196-b(4-a).)
4. Protection and separation
The company will not retaliate for requesting or using protected leave. Unused statutory sick or prenatal leave is not paid at separation unless a separate written company promise provides a greater benefit. (§ 196-b(4-a), (6)-(7).)
Acknowledgment
I received this policy and know how to request leave and a balance statement. This acknowledgment does not waive a statutory right.
Employee: [NAME] Signature: [SIGNATURE] Date: [__/__/____]
Company representative: [NAME] Signature: [SIGNATURE] Date: [__/__/____]
About this template
- Last updated
- October 12, 2026
- Citations checked
- October 12, 2026
- Jurisdiction
- New York
- Category
- Employment & HR
Legal authority
- N.Y. Labor Law § 196-b (sick leave and paid prenatal personal leave)
Employment documents govern the relationship between a company and its workers, from offer letters and employment agreements through handbooks, performance reviews, and separations. Done right, they set clear expectations, protect against wrongful termination and discrimination claims, and give both sides a record to rely on. Done poorly, they invite lawsuits, agency complaints, and costly disputes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 12, 2026.
N.Y. Labor Law § 196-b(1)(a) (checked October 12, 2026): "For employers with four or fewer employees in any calendar year, each employee shall be provided with up to forty hours of unpaid sick leave in each calendar year; provided, however, an employer that employs four or fewer employees in any calendar year and that has a net income of greater than one million dollars in the previous tax year shall provide each employee with up to forty hours of paid sick leave pursuant to this section;"
N.Y. Labor Law § 196-b(1)(b) (checked October 12, 2026): "For employers with between five and ninety-nine employees in any calendar year, each employee shall be provided with up to forty hours of paid sick leave in each calendar year; and"
N.Y. Labor Law § 196-b(1)(c) (checked October 12, 2026): "For employers with one hundred or more employees in any calendar year, each employee shall be provided with up to fifty-six hours of paid sick leave each calendar year."
N.Y. Labor Law § 196-b(3) (checked October 12, 2026): "Employees shall accrue sick leave at a rate of not less than one hour per every thirty hours worked, beginning at the commencement of employment or the effective date of this section, whichever is later, subject to the use and accrual limitations set forth in this section."
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