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New Employee sick and family leave

Safe and Sick Leave | Department of Consumer and Worker Protection (DCWP)

1. How it Works

NYC employees have legal rights to paid and unpaid leave, including new rights provided by State and Federal laws related to COVID-19. You can take unpaid and paid leave, depending on your circumstances and the type of employer you work for, to care for yourself or family members impacted by COVID-19.

  • NYC Paid Safe and Sick Leave:
    • Includes up to 40 hours of sick leave for NYC employees
    • If the employer has five employees or more, leave must be paid
    • Employees can use sick leave starting 120 days after their first day of employment
    • Immigration status is not a consideration
  • NY State Emergency COVID-19 and Paid Sick and Family Leave:
    • Provides additional leave that you must apply for, on top of sick leave your employer provides
    • Sick leave while you or your child isolates because of government orders or possible COVID-19 infection
    • The number of days of sick leave granted depends on your employer’s size and business income. Learn more from NY State Dept of Labor.
    • Immigration status is not a consideration
  • Federal Families First Coronavirus Response Act (FFRCA):
    • Provides varying amounts of pay for full and part-time employees:
      • under government-ordered or health care provider-recommended quarantine or isolation, or experiencing COVID-19 symptoms and seeking a medical diagnosis
      • caring for someone under the above conditions
      • caring for a child under 18 whose school or child care facility is unavailable due to COVID-19
      • leave policies don’t apply to private businesses with more than 500 employees
      • employers with fewer than 50 employees may not have to follow leave policies under certain circumstances
  • You are not eligible for sick or family leave if your worksite has closed because of COVID-19, but you may be eligible for Unemployment Insurance (UI).

2. Determine your eligibility

NYC Paid Safe and Sick Leave covers most employees at any size business or nonprofit in NYC.

NY State Emergency COVID-19 and Paid Sick and Family Leave covers people under quarantine or isolation orders or whose minor dependent is.

Federal Families First Coronavirus Response Act covers employees who work for a private company with fewer than 500 employees or are self-employed (although some employers with fewer than 50 employees may be excluded).

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3. How to Apply

3. How to apply

Here are your options.

Apply online

NYC Safe and Sick Leave is a right your employer must provide.

  • If your employer is not providing you with leave and you believe you’re eligible, file a complaint with NYC Department of Consumer and Worker Protection.

Apply for NY State Emergency COVID-19 and Paid Sick and Family Leave:

  • If you are uninsured or unable to get sick leave documentation and become ill with COVID-19 symptoms, get sick leave documentation assistance from NYC Department of Health by calling: 855-491-2667
  • If you run out of emergency sick leave from your employer, apply on the NY State website under the section that applies to your situation.

If your employer temporarily closes or goes out of business, or you lose your job or have a reduction in hours, due to COVID-19, you may be eligible for Unemployment Insurance (UI).

If your employer is not providing you with leave and you believe you’re eligible, file a complaint with the City:

To apply for NY State Emergency COVID-19 Paid Sick and Family Leave:

File a complaint

Apply by phone

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More ways to get help with this program

Visit the websites

Visit the nyc.gov/workers to learn more about NYC Paid Safe and Sick Leave.

Read the FAQ for getting help with COVID-19 related sick leave documentation from the NYC Department of Health.

Visit paidfamilyleave.ny.gov/COVID19 to learn more about NY State Paid Sick Leave and NY State Emergency COVID-19 Paid Sick and Family Leave.

Visit dol.gov/agencies/whd/pandemic to learn more about Federal Families First Coronavirus Response Act.

Email the Department of Consumer and Worker Protection (DCWP) Division

Visit the online services page to find the email of the division you need.

Call 311

Ask for “Paid Safe and Sick Leave”.

Last Updated Friday, May 22nd, 9:57am