System Administrators can use Deputy to build their own leave policies from a blank form or select a preconfigured leave policy from Deputy's New York Leave Policy Library.
The policies provided in Deputy's Leave Policy Library are Deputy's interpretations of U.S. state and local leave laws. While Deputy strives to provide accurate policies, there may be gaps, and in some cases, we have selected one approach from multiple legal recommendations. You are solely responsible to ensure that leave policies meet your business's legal obligations.
When selecting a template from the Leave Policy Library, you should consider which settings are relevant to your circumstances and which settings you may need to edit. For example, you may need to configure your organisation's payroll export code for each leave policy or you may choose to increase the accrual cap from what has been preconfigured.
For a detailed explanation of the function of every setting on the leave policy page please read How to set up leave policies (US only).
Deputy currently offers the following preconfigured New York leave policies in the Leave Policy Library. Specifications for each are published below.
New York Leave Laws
State Leave Laws
New York Bone Marrow Donor Leave
Team members are entitled to up to 24 work hours of bone marrow donor leave.
Paid or Unpaid |
Paid |
Leave is tracked in hours or days |
Hours |
Leave policy and balance are hidden from team member |
No |
Accrual type and amount in policy |
Fixed - 24 hours per year released on each 1st January Note: Pro-rate leave entitlements applied for employees who join throughout the year (calculated per month) |
Rollover | No, does not rollover, it resets each year on 1st January |
Notes | 24 work hours of leave. The combined length of the leave is determined by the physician, but may not exceed 24 work hours, unless agreed to by the employer. Employers may require verification by a physician regarding the purpose and length of leave. |
New York Jury Duty Leave
Team members are entitled to Jury Duty Leave.
Paid or Unpaid |
Yes - may need to be manually managed - see notes. |
Leave is tracked in hours or days |
Hours |
Leave policy and balance are hidden from team member |
No |
Accrual type and amount in policy | Does not accrue - this leave policy will need to be manually managed by the manager - see notes. |
Rollover | Not applicable |
Notes |
Employers with 10 or fewer employees may withhold wages for the time the employee spends serving on a jury. Employers with more than 10 employees may not withhold the first $40 of daily wages for the first 3 days of jury service; the remainder of time may be unpaid. |
New York Military Spouse Leave
Team members are entitled to military spouse leave.
Paid or Unpaid |
Unpaid |
Leave is tracked in hours or days | Hours |
Leave policy and balance are hidden from team member | No |
Accrual type and amount in policy | Does not accrue - leave is manually managed by manager |
Rollover | Rollover balance remaining on 1st January |
Notes | An employee whose spouse is a member of the US armed forces, National Guard, or Reserves and who has been deployed during a period of military conflict to a combat theater or combat zone operations may take up to 10 days of unpaid leave when that spouse is on leave from military service. |
New York Off Premises Blood Donor Leave (Paid)
Team members are entitled to up to 12 weeks unpaid family and medical leave within a 12 month period.
Paid or Unpaid | Paid - see notes |
Leave is tracked in hours or days | Hours |
Leave policy and balance are hidden from team member | No |
Accrual type and amount in policy | Fixed - 3 hours released every year on 1st January |
Rollover | No, it does not rollover, it resets each year on 1st January |
Other notes |
Off-premises blood donation may be unpaid. Blood donated at the employee's place of employment or otherwise arranged by the employer via the "donation leave alternative" is paid. See Guidelines for Implementation of Employee Blood Donation Leave. |
New York State Paid Sick Leave (1-4 Employees)
Team members are entitled to paid sick leave unless the employer's net income is under $1 million in the prior tax year, then the sick leave will be unpaid.
See also leave policies New York State Paid Sick Leave (5-99 Employees) and New York State Paid Sick Leave (100+ Employees)
Paid or Unpaid | Paid |
Leave is tracked in hours or days | Hours |
Leave policy and balance are hidden from team member | No |
Accrual type and amount in policy |
Hourly Accrual Per Threshold worked- 1 hour of paid sick leave for every 30 hours worked Leave is accrued on overtime Leave is not accrued while on leave, only on worked hours |
Accrual cap |
The employee is entitled to accrue a maximum of 40 hours |
Usage cap |
40 hours per calendar year - this is not managed by the policy and will need to be managed by the manager. |
Rollover |
The leave balance will roll over on 1st January each year and the employee is entitled to accrue a maximum of 40 hours. Unused leave must be carried over, subject to usage caps, although employers may choose to either:
If employers choose to pay out unused sick leave at the end of the year then this would need to be manually managed by the manager as the policy is configured to roll over unused leave up to a maximum of 40 hours. |
Other notes |
Employers may set a reasonable minimum increment for leave use not exceeding 4 hours. Beginning January 1st 2025, employees also are entitled to an additional 20 hours of paid prenatal personal leave during any 52-week calendar period. This is not configured automatically in the policy and would need to be manually managed by the manager. |
New York State Paid Sick Leave (100+ Employees)
Team members are entitled to paid sick leave.
See also leave policies New York State Paid Sick Leave (1-4 Employees) and New York State Paid Sick Leave (5-99 Employees)
Paid or Unpaid | Paid |
Leave is tracked in hours or days | Hours |
Leave policy and balance are hidden from team member | No |
Accrual type and amount in policy |
Hourly Accrual Per Threshold worked- 1 hour of paid sick leave for every 30 hours worked Leave is accrued on overtime Leave is not accrued while on leave, only on worked hours |
Accrual cap |
The employee is entitled to accrue a maximum of 56 hours |
Usage cap |
56 hours per calendar year - this is not managed by the policy and will need to be managed by the manager. |
Rollover |
The leave balance will roll over on 1st January each year and the employee is entitled to accrue a maximum of 56 hours Unused leave must be carried over, subject to usage caps, although employers may choose to either:
If employers choose to pay out unused sick leave at the end of the year then this would need to be manually managed by the manager as the policy is configured to roll over unused leave up to a maximum of 56 hours. |
Other notes |
Employers may set a reasonable minimum increment for leave use not exceeding 4 hours. Beginning January 1st 2025, employees also are entitled to an additional 20 hours of paid prenatal personal leave during any 52-week calendar period. This is not configured automatically in the policy and would need to be manually managed by the manager. |
New York State Paid Sick Leave (5-99 Employees)
Team members are entitled to paid sick leave.
See also leave policies New York State Paid Sick Leave (1-4 Employees) and New York State Paid Sick Leave (100 Employees)
Paid or Unpaid | Paid |
Leave is tracked in hours or days | Hours |
Leave policy and balance are hidden from team member | No |
Accrual type and amount in policy |
Hourly Accrual Per Threshold worked- 1 hour of paid sick leave for every 30 hours worked Leave is accrued on overtime Leave is not accrued while on leave, only on worked hours |
Accrual cap |
The employee is entitled to accrue a maximum of 40 hours |
Usage cap |
40 hours per calendar year - this is not managed by the policy and will need to be managed by the manager. |
Rollover |
The leave balance will roll over on 1st January each year and the employee is entitled to accrue a maximum of 40 hours Unused leave must be carried over, subject to usage caps, although employers may choose to either:
If employers choose to pay out unused sick leave at the end of the year then this would need to be manually managed by the manager as the policy is configured to roll over unused leave up to a maximum of 40 hours. |
Other notes |
Employers may set a reasonable minimum increment for leave use not exceeding 4 hours. Beginning January 1st 2025, employees also are entitled to an additional 20 hours of paid prenatal personal leave during any 52-week calendar period. This is not configured automatically in the policy and would need to be manually managed by the manager. |
New York Voting Leave
Team members are entitled to paid voting leave with additional unpaid leave also possible.
Paid or Unpaid | Paid |
Leave is tracked in hours or days | Hours |
Leave policy and balance are hidden from team member | No |
Accrual type and amount in policy |
Fixed - 2 hours per year released on each 1st January |
Rollover | No, does not rollover, it resets each year on 1st January |
Note |
Employees are eligible for 2 hours paid time off if a registered voter does not have sufficient time outside of their scheduled working hours within which to vote. Additional unpaid time off can be provided as necessary to have sufficient time to cast vote. This is not configured within the policy and would need to be manually managed by the manager. |
Local Leave Laws
New York City Earned Safe and Sick Time Leave (1-99 Employees)
Team members are entitled to paid or unpaid safe and time sick leave depending on employer size.
See also leave policy New York City Earned Safe and Sick Time Leave (100+ Employees)
Paid or Unpaid |
Paid
|
Leave is tracked in hours or days | Hours |
Leave policy and balance are hidden from team member | No |
Accrual type and amount in policy |
Hourly Accrual Per Threshold worked- 1 hour of paid sick leave for every 30 hours worked Leave is accrued on overtime Leave is not accrued while on leave, only on worked hours |
Accrual cap |
The employee is entitled to accrue a maximum of 40 hours |
Usage cap |
40 hours per calendar year - this is not managed by the policy and will need to be managed by the manager. |
Rollover |
The leave balance will roll over on 1st January each year and the employee is entitled to accrue a maximum of 40 hours. |
Other notes |
Employers can establish a reasonable minimum increment up to 4 hours a day for use of sick leave, but may set fixed periods of 30 minutes or any smaller amount and may require fixed start times for these intervals. If rehired within 6 months, previously accrued unused leave is reinstated, unless the employer paid out for unused sick and safe leave when the employee left. |
New York City Earned Safe and Sick Time Leave (100+ Employees)
Team members are entitled to paid safe and sick time leave.
See also leave policy New York City Earned Safe and Sick Time Leave (1-99 Employees)
Paid or Unpaid |
Paid |
Leave is tracked in hours or days | Hours |
Leave policy and balance are hidden from team member | No |
Accrual type and amount in policy |
Hourly Accrual Per Threshold worked- 1 hour of paid sick leave for every 30 hours worked Leave is accrued on overtime Leave is not accrued while on leave, only on worked hours |
Accrual cap |
The employee is entitled to accrue a maximum of 56 hours |
Usage cap |
56 hours per calendar year - this is not managed by the policy and will need to be managed by the manager. |
Rollover |
The leave balance will roll over on 1st January each year and the employee is entitled to accrue a maximum of 56 hours. |
Other notes |
Employers can establish a reasonable minimum increment up to 4 hours a day for use of sick leave, but may set fixed periods of 30 minutes or any smaller amount and may require fixed start times for these intervals. If rehired within 6 months, previously accrued unused leave is reinstated, unless the employer paid out for unused sick and safe leave when the employee left. |
Westchester County Paid Sick Leave
Team members are entitled to paid or unpaid sick leave depending on employer size.
Paid or Unpaid |
Paid
|
Leave is tracked in hours or days | Hours |
Leave policy and balance are hidden from team member | No |
Accrual type and amount in policy |
Hourly Accrual Per Threshold worked- 1 hour of paid sick leave for every 30 hours worked Leave is accrued on overtime Leave is not accrued while on leave, only on worked hours |
Waiting period for use |
Employers are entitled to implement a 90-day waiting period before employees can begin to use sick leave, however, this leave policy configuration has no way of enforcing this so would need to be manually managed by the manager approving the leave. Note: There is no waiting period for safe leave. |
Accrual cap |
The employee is entitled to accrue a maximum of 40 hours unless the employer chooses to set a higher limit |
Usage cap |
40 hours per calendar year unless the employer chooses to set a higher limit - this is not managed by the policy and will need to be managed by the manager. |
Rollover |
The leave balance will roll over on 1st January each year and the employee is entitled to accrue a maximum of 40 hours unless the employer chooses to set a higher limit. |
Other notes |
Eligible employees accrue 1 hour of sick leave for every 30 hours worked (except domestic workers - see below). Covered employees are entitled to up to 40 hours of additional paid leave annually under the Safe Time Leave Law available on an as-needed basis (not based on accrual) This is not configured in the policy and would be manually managed by the manager. Domestic workers: Accrue 1 hour of paid leave for every 7 days worked (regardless of number of employees employed by employer) in addition to 1 day of rest in 7, up to 40-hour accrual and usage cap. This is not configured in the policy and would be manually managed by the manager. Employees who are transferred to another unit or division of same employer in Westchester or employed by a successor employer retain their accrued sick leave and ability to use it. Employers must reinstate previously accrued unused leave for employees who are rehired within 9 months of an employment separation. For partial day usage employers may require employees to use sick leave in a minimum of 4-hour increments and the smallest increment used to account for other time if more leave is needed. Safe time may be used in full- or partial-day increments within no minimum specified. |