How many sick hours do I get as a server in New York?
New YorkVerified September 23, 2026
The short answer
It depends on how big your employer is. New York says employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year. At 5 to 99 employees, it’s up to 40 paid hours. The state also sets a net-income test: at $1 million or less, up to 40 unpaid hours; above $1 million, up to 40 paid hours.
The rule in New York
| 100+ employees | Up to 56 hours of paid sick leave per calendar year. |
|---|---|
| 5 to 99 employees | Up to 40 hours of paid sick leave per calendar year. |
| Net-income test | Employer net income of $1 million or less: up to 40 hours unpaid. Over $1 million: up to 40 hours paid. |
“Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year.” (New York State: paid sick leave)
What’s different in New York
Nothing in federal wage law gives you a sick day. New York builds a tiered system instead, and the tier is set by your employer’s headcount, not your job title or hours. A server at a large restaurant group can reach 56 paid hours in a year; at a mid-size spot, the ceiling is 40.
The net-income rule is the part people miss. The state page ties some employers’ obligation to whether the business nets more than $1 million, which decides whether those 40 hours are paid at all. Ask your manager which tier your restaurant falls in, since you can’t see headcount or net income from the floor.
Official sources
Last verified
. Checked the agency pages linked above.