NY Labor Law § 196-b · effective January 1, 2021 · updated for 2026
When can sick leave be used? (§ 196-b(4))
Mental or physical illness, injury, or health condition of the employee or their family member — whether or not diagnosed or requiring care at the time of the request.
Diagnosis, care, or treatment of, or preventive care for, a mental or physical illness, injury, or health condition of the employee or a family member.
Absences when the employee or a family member is the victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking: obtaining services from a shelter, rape crisis center, or services program; safety planning or relocation; meeting an attorney or social-services provider and preparing for or participating in proceedings; filing a complaint or domestic incident report with law enforcement; meeting a district attorney; enrolling children in a new school; or other actions necessary to ensure health or safety (§ 196-b(4)(a)(iii)). The perpetrator is not eligible for leave arising from their own offense.
"Family member" is defined broadly — child, spouse, domestic partner, parent, sibling, grandchild, grandparent, and more (§ 196-b(4)(b)).
Employers may require reasonable documentation only for absences of more than three consecutive scheduled workdays (§ 196-b(4-c)).
New Jersey additionally covers: care for a family member; domestic or sexual violence services (medical attention, counseling, relocation, legal services); workplace or child's school/place-of-care closures by public order or declared emergency due to epidemic/public-health threat; and isolation recommendations for the employee or family member (N.J.S.A. 34:11D-3).
Employee rights & employer duties
Written summary on request — accrued and used amounts must be provided within 3 business days (§ 196-b(11)).
Job restoration — same position, pay, and terms upon return (§ 196-b(10)).
No retaliation — for requesting or using sick or prenatal leave (§ 196-b(7)).
No payout at separation — unused sick leave need not be paid out on termination, resignation, or retirement (§ 196-b(6)).
Confidentiality — employers may not require disclosure of confidential medical or domestic-violence information as a condition of providing leave (§ 196-b(5)(a)).
Union contracts — a CBA may substitute comparable benefits if it specifically acknowledges § 196-b (§ 196-b(9)).