[NY] I’ve been working for a year but have no sick hours. Is that legal?
I have zero sick hours even though I’ve been working for a year.
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I understand your frustration. If you’ve worked in New York for a year and show zero sick hours, that’s a serious concern under NY State and NYC law:
- NY Paid Sick Leave: Employees accrue at least 1 hour per 30 hours worked. Large employers must provide up to 56 paid hours per year. Accrual begins on day one.
- NYC Paid Safe & Sick Leave: Also 1 hour per 30 hours worked, up to 40 or 56 hours depending on employer size; accrual starts on day one.
- Your policy: It says accrual begins at start of employment and provides 56 hours per calendar year—consistent with the law. If your balance is still zero after a year, that suggests mis-tracking or a system issue, which would violate the law if not fixed.
- Options:
- File a complaint with the NY State Dept. of Labor.
- For NYC, also the Dept. of Consumer and Worker Protection.
- If this is widespread, it could support a class action.
- Next steps:
- Document hours worked, pay stubs, and HR communications.
- Ask HR in writing why your accrued hours show “0” despite a year of employment; save their response.
- If not corrected, consult a local employment attorney. Multiple affected coworkers strengthen the case.
Does this answer your question? I’m happy to clarify anything.
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I've been working for a year but have no sick hours. Is that legal?
Lexi, Chatbot
Have you experienced any issues with your sick leave benefits?
Yes. I have zero sick hours even though I’ve been working for a year.
Lexi, Chatbot
Is there anything else the employment lawyer should know before I connect you?
No.
Blake
Hi, I’m Blake, a licensed attorney. I’m happy to help. How long ago did this happen, and where?
The company is in NYC. I just tried to use sick days, but I can’t because I have no “sick hours,” even though I work in NY.
Blake
I understand your frustration. If you’ve worked in New York for a year and show zero sick hours, that’s a serious concern under NY State and NYC law:
- NY Paid Sick Leave: Employees accrue at least 1 hour per 30 hours worked. Large employers must provide up to 56 paid hours per year. Accrual begins on day one.
- NYC Paid Safe & Sick Leave: Also 1 hour per 30 hours worked, up to 40 or 56 hours depending on employer size; accrual starts on day one.
- Your policy: It says accrual begins at start of employment and provides 56 hours per calendar year—consistent with the law. If your balance is still zero after a year, that suggests mis-tracking or a system issue, which would violate the law if not fixed.
- Options:
- File a complaint with the NY State Dept. of Labor.
- For NYC, also the Dept. of Consumer and Worker Protection.
- If this is widespread, it could support a class action.
- Next steps:
- Document hours worked, pay stubs, and HR communications.
- Ask HR in writing why your accrued hours show “0” despite a year of employment; save their response.
- If not corrected, consult a local employment attorney. Multiple affected coworkers strengthen the case.
Does this answer your question? I’m happy to clarify anything.
Thanks.
Blake
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