---
title: "Paid sick leave for servers in New York"
description: "New York sick leave depends on employer size: up to 56 paid hours at 100+ employees, up to 40 paid hours at 5 to 99. A net-income rule also applies."
url: https://www.tipmaxapp.com/us/answers/new-york/paid-sick-leave
language: en
publisher: TipMax (Entermaurs Incorporated)
date_published: 2026-09-23
last_verified: 2026-09-23
---

# How many sick hours do I get as a server in New York?

**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 rules in New York

| Rule | What it says |
| --- | --- |
| 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, https://www.ny.gov/programs/new-york-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

- [New York State: paid sick leave](https://www.ny.gov/programs/new-york-paid-sick-leave)

## Last verified

September 23, 2026. Checked the agency pages linked above.

## About TipMax

New York caps sick hours by employer size, and a log of your shifts and true hourly shows what those capped hours are worth against a normal night.

TipMax is an iPhone app for servers and bartenders that tracks tips and tip-outs and turns a restaurant menu into study flashcards.

Download TipMax free: https://apps.apple.com/us/app/tipmax-study-track-earn/id6744850146

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TipMax Answers explains public government guidance on pay and workplace rules in plain English for tipped workers. It is **not legal, tax, or accounting advice**. Rules change and local rules can add to them. Confirm with the agency linked on this page or a qualified professional. TipMax the app helps you track tips and pay; it doesn’t enforce wage law or decide disputes.