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Types of Leaves in New York

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Holiday

In New York, there is no state or federal law that requires employers to provide paid or unpaid holiday leave to their employees. However, many employers offer 10 days of paid leave after the first year of employment.

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Sick leave

Under state law, sick leave is dictated by a company’s size and net annual income, as follows: 0-4 employees (with annual net income =< $1 million): 40 hours’ unpaid sick leave 0-4 employees (with annual net income > $1 million): 40 hours’ paid sick leave 5-99 employees: 40 hours’ paid sick leave 100+ employees: 56 hours’ paid sick leave Employers can either provide a lump sum of sick leave at the beginning of each year, or allow employees to accrue it over time. Can an employer deny sick time in New York? For eligible employees, no. Under the federal Family and Medical Leave Act (FMLA), eligible employees are also entitled to up to 12 weeks of unpaid sick leave per year, provided they: Have worked for the same employer for at least 12 months Work in a location where at least 50 people are employed by the company within a 75-mile radius

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Parental and maternity leave

Under the state’s Paid Family Leave Law, employees are eligible for up to 12 weeks of paid family leave per year. This can be used for parenting, caring for a family member with a serious health condition, or to support the employee through a family member’s active-duty military deployment. Under the FMLA, employees are also entitled to up to 12 weeks of unpaid maternity or paternity leave. Maternity leave Under the state’s Temporary Disability Benefits law, employers must provide four to six weeks of paid leave for temporary disability related to pregnancy and childbirth.

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Bereavement leave

Employers are not legally required to provide bereavement leave to their employees, although most organisations offer unpaid leave.

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Jury duty

Employees must report for jury duty if summoned (unless exempt). Jurors are typically “on call” for two weeks. Do employers have to pay for jury duty in New York? If your company has more than 10 employees, you must pay the employee $40 per day for the first three days of their service. Private sector employers must also provide unpaid leave, and cannot penalise or terminate an employee on jury duty.

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Military leave

Under state and federal law, employers must grant leave to employees who are members of the military or the National Guard for military duty or training. These employees have the right to take time off for their military obligations, and employers are prohibited from discriminating against them based on their military service. Military spouse leave Under the state’s Military Family Leave law, employees with a military spouse deployed to a conflict zone are also entitled to 10 days’ unpaid leave. This is only applicable if your business has at least 20 employees, all of whom regularly work at least 20 hours per week. Note that the leave must be taken during the deployment.

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