As New York’s COVID Sick Leave law sunsets at the end of July, NY business owners may be confused about mandated paid-time-off (PTO). As a result, they may have questions for the insurance brokers who write and manage their statutory benefits like DBL and PFL.
First, understand this: COVID-19 sick leave, which requires employers, depending on their size, to provide 5 or 14 paid sick days for illness, quarantine, or caring for family members with COVID-19, is not the same as the New York State Sick Leave Act, which was signed into law on September 30, 2020. and put into effect on January 1, 2021. That law is still in place.
We’ll be discussing it here, with comparisons to NYS DBL, PFL in NY, and which form of leave is appropriate in different situations.
The Paid Sick Leave Law (PSLL) mandates that employers of any size provide paid sick leave to employees.
Unlike New York State DBL benefits or Paid Family Leave (PFL), New York State Sick Leave (NYSSL) is funded entirely by employers through payroll. It is not an insurance benefit.
However, employers may have questions about when employees can use their paid sick leave and when they need to file a claim for DBL or PFL. It helps brokers to be aware of this legislation to reduce unnecessary or unqualified DBL and PFL claims in New York.
New York PFL v. DBL v. NYSSL
The duration of NYSSL is much shorter than New York State’s short-term disability coverage or PFL coverage.
Here are a few other differences between the three types of leave:
DBL / Enriched DBL
DBL or enriched DBL insurance provides partial pay to employees who are seriously ill or injured and cannot perform their normal job functions for up to 26 weeks. The DBL Center can help you bind DBL & Enriched coverage under 50 lives easily online here.
New York State Paid Family Leave (NYS PFL)
Written as a mandatory rider to statutory DBL coverage, PFL in New York provides partial pay to employees taking time off to care for an ill family member, a newborn (or newly adopted or newly fostered) child within the first year, or to manage family matters while a military spouse is deployed. The maximum duration for Paid Family Leave is 12 weeks. Learn more about New York State PFL coverage, first introduced in 2017, here.
NYSSL
In effect since January 1, 2021, businesses with 5+ employees in New York must provide Paid Sick Leave with full pay and job protection for up 40 to 56 hours for employees who are:
- Sick or injured
- Caring for family members who are sick or injured
The New York State Sick Leave law (NYSSL) also covers a host of other circumstances for which employees may need time off, including:
- Preventative care
- Mental health
- Medical or mental health treatments
- Domestic violence incidents
Businesses with fewer than 5 employees must provide 40 hours of unpaid time off with job protection for any of the same reasons.
Other Differences You Need to Know About DBL/PFL and NYSSL
The reason for Paid Family Leave or DBL must be documented on the appropriate claims form. On the other hand, the reasons for taking NYSSL can remain confidential. Employers may not require employees to disclose any confidential information regarding their need for sick time.
In addition, the definition of a family member as it relates to paid sick leave extends beyond the PFL definition to include siblings, grandchildren, grandparents, and the children or parents of an employee’s spouse or domestic partner.
2025 Update: Paid Prenatal Leave
As of January 1, 2025, New York also introduced Paid Prenatal Leave, entitling pregnant workers to 20 hours paid leave for prenatal care or fertility treatments. The leave can be taken incrementally, granting employees the option to take a few hours off for a doctor’s appointment. The leave does not extend to spouses or other family members of the pregnant worker.
How Employers Can Issue New York State Sick Leave
Business owners in New York have a choice to “frontload” employees’ sick time at the beginning of the calendar year, offering paid sick leave from day one that the benefit goes into effect (January 1, 2021). Or, employers may permit employees to accrue sick time at a rate of 1 hour for every 30 hours worked, up to 40 or 56 hours in total – depending on the company size.
Employers with at least 100 employees must provide 56 hours paid sick leave. Employers with fewer than 100 employees or fewer than five employees but a net income of $1 million for the prior tax year must provide 40 hours paid sick leave.
Businesses with fewer than five employees but less than $1 million in net income must allow 40 hours of unpaid sick leave with no disciplinary action permitted for employees who take that time off without pay.
Is a DBL or PFL Claim More Appropriate?
The decision for an employee to take paid sick time or to file a DBL or PFL claim largely comes down to the duration of the time off required and, of course, the reason. See below:
- DBL insurance claims provide partial pay for severe illnesses or injuries that require more than a few days or a week out of work.
- PFL, on the other hand, covers employees when they need to care for someone else for an extended time period of up to 12 weeks.
- NYSSL offers full pay up to the amount of accrued sick time. It permits parents to stay home for a short duration with a sick or feverish child without losing a day’s pay. It also makes it financially easier for employees who are feeling under the weather to call out sick and avoid spreading germs.
Help Your Customers Understand the Law
By standardizing PTO under the NYSSL, and outlining specific permissible reasons for sick time, New York State has eliminated confusion, miscommunication, or gray areas surrounding PTO.
By understanding the law, you can help your customers reduce unnecessary DBL or PFL claims and continue to act as a resource for them when it comes to managing employee benefits.
FAQs
Find the answers to common questions about sick leave in New York State.
What is the sick time law in NY 2025?
According to New York State Sick Leave Law, businesses with 100+ employees must provide 56 hours paid sick leave. Employers with fewer than 100 employees or fewer than five employees but a net income of $1 million for the prior tax year must provide 40 hours paid sick leave.
How many sick days are you entitled to in New York?
All employees in New York are entitled to at least 5 days (40 hours) of job-protected sick leave. For businesses with fewer than five employees and a net income of less than $1 million, these days can be unpaid. All other businesses must provide paid sick leave in New York. Employees at companies with 100+ employees are entitled to 7 days (56 hours) of paid sick leave.
What is the New York Paid Family Leave Policy 2025?
One of the best paid family leave programs in the country, New York Paid Family Leave in 2025 pays 67% of an employee’s average weekly wage, up to a maximum of $1,131.08 per week for up to 12 weeks. This leave can be used to care for a newborn or newly-adopted or foster child, a sick or injured family member, or to take care of things at home when a military spouse is deployed.
