Understanding Leave Policies for Employees in New York State

As an international HR professional, I often encounter questions about employee leave entitlements in different jurisdictions. New York State offers a comprehensive framework of leave rights that balances employer flexibility with worker protections. This guide examines the key leave categories that impact workforce management in the state.

Annual Leave and Paid Time Off (PTO) Provisions

Unlike many countries with mandated vacation days, New York State does not legally require employers to provide paid or unpaid annual leave. However, competitive practice dictates that most organizations offer between 10-20 days of PTO annually, with 10-15 days being the standard benchmark. These benefits typically accrue based on tenure, rewarding long-serving employees with additional time off.

When employers provide PTO, it's treated as earned wages under state law. This means employers cannot forfeit accrued PTO and must compensate employees for unused balances upon separation. Companies may establish policies regarding accrual limits and usage guidelines, provided they comply with state regulations.

Maternity and Parental Leave Framework

New York's approach to parental leave combines federal protections with state-level innovations. The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for childbirth and newborn care within the first year. What makes New York distinctive is its supplemental paid leave provisions.

Beginning January 1, 2025, New York became the first state to mandate paid leave specifically for prenatal care. Private sector employees can now take up to 20 hours of paid time for pregnancy-related medical appointments, with no minimum employment requirement. This progressive policy recognizes the importance of supporting maternal health throughout pregnancy.

Paid Family Leave: A National Benchmark

New York's Paid Family Leave (PFL) program sets a national standard for comprehensive family support. Covering nearly all private sector employees, PFL provides job-protected leave for three primary situations:

Bonding with a new child through birth, adoption, or foster care placement
Caring for family members with serious health conditions
Addressing qualifying military family needs

In 2025, employees can access up to 12 weeks of PFL with wage replacement reaching 67% of the state's average weekly wage. With the current average weekly wage at $1,757.19, this translates to maximum weekly benefits of $1,177.32. Job protection remains intact throughout the leave period, preventing termination while employees exercise their rights.

Sick Leave Accrual Systems

New York's sick leave requirements vary based on employer size, creating a tiered system that accounts for organizational capacity:

Employer Size	Annual Sick Leave Entitlement
100+ employees	Up to 56 hours paid sick leave
5-99 employees	Up to 40 hours paid sick leave
1-4 employees (net income >$1M)	Up to 40 hours paid sick leave
1-4 employees (net income ≤$1M)	Up to 40 hours unpaid sick leave

Additional Leave Categories

Beyond the primary leave types, New York mandates several other important categories:

Bereavement Leave: Employers with five or more staff must provide up to five days of unpaid bereavement leave, unless company policy specifies paid leave.

Voting Leave: When employees lack four consecutive non-working hours for voting, employers must provide up to two hours of paid time. Requests should be submitted at least two working days in advance, with employers designating whether leave occurs at the beginning or end of shifts.

2025 Public Holidays Calendar

New York recognizes 12 public holidays that many employers observe:

Holiday	Date
New Year's Day	January 1
Martin Luther King Jr. Day	January 20
Lincoln's Birthday*	February 12
Washington's Birthday	February 17
Memorial Day	May 26
Juneteenth	June 19
Independence Day	July 4
Labor Day	September 1
Columbus Day	October 13
Veterans Day	November 11
Thanksgiving Day	November 27
Christmas Day	December 25

For multinational companies expanding into New York, SailGlobal provides expert guidance on navigating these complex leave requirements while maintaining compliance across jurisdictions.

New York State Employee Leave Policies 2025: Complete HR Guide