2024 Updated Version

New York Employee Handbook

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Table of Contents

New York-specific policies to include

New York state sick leave law

Federal handbook policies

Additional content and policies to include

New York labor law posters

New York pay transparency law

New York handbook policies

New York employee handbook overview

It’s essential to include both state-specific and federal policies when creating an employee handbook for New York. Regardless of the number of employees in New York, it’s necessary to provide a New York-specific handbook to ensure that employees are aware of their state-given rights and policies.

Below are the mandatory state policies for New York, federally required policies, and other optional policies to consider incorporating into your handbook.

What should be included in a New York employee handbook?

New York Employee Handbook Overview

Below are the mandatory state policies for New York, federally required policies, and other optional policies to consider incorporating into your handbook.

What should be included in a New York Employee Handbook?

Every handbook should include Federal, State, and (if applicable) City-specific policies. Below are New York-specific policies that should be included in your handbook.

New York Sick Leave Policy: Employers are required to provide employees with sick leave. For many companies, this leave is on a paid basis.

New York Final Paycheck Policy: Employers are required to provide the employee with their final paycheck in accordance with the timeline of when they would receive it had they remained employed.

New York Jury Duty Policy: Rules regarding Jury Duty summons must be included.

New York Lactation Accommodation Policy: Reasonable accommodations are required to be provided for nursing mothers.

New York Crime Victim Leave Policy: Employers are required to provide unpaid leave to employees that are crime victims or representatives of a crime victim.

New York Domestic Violence Leave Policy: Employers are required to provide leave for employees who are victims of domestic violence.

New York Emergency Response Leave Policy: Employers are required to provide leave for employees serving as volunteer firefighter or member of a volunteer ambulance service in response to an emergency.

New York Human Rights Law: Employers are prohibited from discriminating against employees based on protected characteristics.

New York Voting Leave Policy: Employers are required to provide employees with paid leave for voting.

New York Blood Donation Leave Policy: Employers are required to provide employees with paid or unpaid leave to donate blood.

New York Bone Marrow Donation Leave Policy: Employers are required to provide employees with unpaid leave to donate bone marrow.

New York Paid Family Leave Policy: Employers are required to provide employees with paid leave to care for family members when family entitlements and obligations arise.

City-specific policies that should be included in your New York Employee Handbook

Some states have cities or counties that require specific policies to be included for employees that are based there.

New York City Specific Policies:

New York City Temporary Schedule Change Policy: Rules regarding temporary work schedule changes for personal events must be provided.

New York City Supplemental Gender Discrimination: Employers are prohibited from discriminating against employees based on their gender.

New York City Lactation Accommodation Policy: Employers are required to provide time and a private space for nursing mothers to express breast milk.

New York City Pregnancy Accommodation Policy: Employers are prohibited from discriminating against employees based on pregnancy or perceived pregnancy, and must provide reasonable accommodations for the employee’s needs.

New York City Human Rights Law: Employers are prohibited from discriminating against employees based on protected characteristics.

Westchester County Specific Policies:

Westchester County Safe Time Leave Policy: Employers are required to provide paid leave to employees who are victims of domestic violence or human trafficking.

PAID SICK LEAVE LAW

New York State Sick Leave Law

New York State's Sick Leave policy mandates employers to provide sick leave to employees. The amount of sick leave and whether it is paid or unpaid depends on the employer's size and annual revenue. This policy is designed to ensure that all workers in New York have access to sick leave to take care of themselves or their family members without fear of losing their jobs or income.

Sick leave for New York employees is determined by revenue and the total number of employees in the company (not just the number of New York employees).

Companies with fewer than 5 employees and an annual net income of $1 million or less are required to offer up to 40 hours of unpaid leave annually.
Companies with fewer than 5 employees and an annual net income of over $1 million and companies with between 5-99 employees are required to offer up to 40 hours of paid leave annually.
Companies with 100 or more employees are required to offer up to 56 hours of paid leave annually.

Here are some additional details about the New York Sick Leave policy you’ll want to keep in mind:

Unused sick leave must be carried over to the following calendar year, but employers can limit the use of sick leave to the maximum hours required to be provided each year.
Employers must keep records documenting the amount of sick leave provided to each employee for at least six years.
Employees may accrue sick leave for each hour they work, or sick leave may be frontloaded in a block of hours.
Sick leave can be used for the employee's or their family member's mental or physical illness, injury, or health condition; for diagnosis, care, or treatment of such conditions; or for preventive medical care. It can also be used for certain reasons related to domestic violence, sexual assault, stalking, or human trafficking.

Paid Sick Leave FAQ

How do New York employees accrue sick leave?: Employees accrue 1 hour of sick leave for every 30 hours worked. Employers may also choose to front-load the entire amount of sick leave at the beginning of the calendar year.
Can employers require documentation for sick leave usage?: Employers cannot require medical documentation for sick leave of less than three consecutive workdays. For longer periods, employers may set reasonable documentation requirements.
Are employers required to pay out unused sick leave upon an employee's termination or resignation?: No, employers are not required to pay out unused sick leave upon an employee's termination, resignation, or retirement.
Which employers are covered by New York State's Paid Sick Leave law?: The law applies to all private employers in New York State. The amount of paid or unpaid sick leave required depends on the total company size and net income of the employer.

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Federal Policies

Don’t forget about Federal Policies

There are policies required by federal law in all 50 states, and so they must be included in your handbook no matter what state your employees are based in. Some of the most important policies are outlined here, however, all federal policies should be included in your handbook.

Equal Employment and Anti-Discrimination Policy
Sexual Harassment Policy
Family Medical Leave Act (FMLA) Policy (required for companies with 50 or more employees)
Military Service Leave
Get the full list of federal policies from the free handbook template builder

Additional Policies

Other Policies to Include in Your New York Employee Handbook

Workplace Violence
Employee Conduct and Work Rules
Conflict of Interest and Business Ethics
Receipt of Non-Harassment Policy
Receipt of Sexual Harassment Policy
Health and Safety
Confidential Company Information
Insurance
Workers’s Compensation
Open Door Policy
Equipment and Property Including Intellectual Property
Sick Days
No Solicitation / No Distribution
Benefits Overview
Use of Communication and Computer Systems
Punctuality and Attendance
Holidays
Vacation Benefits
Benefits
Working Schedule
Employment Records
Inspections
Smoking
Pay Day
Overtime
Timekeeping
Employee Categories
Performance Reviews
Lactation Breaks
Direct Deposit
Company Vehicles
Personal and Company Owned Communication Devices
Personal Visitors and Telephone Calls
Hiring Relatives
Business Expense Reimbursement
Social Media Policy
Introductory Period
General Handbook Acknowledgment
References

Employee handbook requirements by state

Click on a state to learn more about policies and recommendations.

Poster Requirements

New York labor law posters

Understanding labor law poster requirements can be a bit like trying to decode a complex puzzle. You need to comply with both state and federal requirements.

Why Should I Care About Displaying Posters?

You might be wondering why it's so important to display these posters in the first place. State and Federal laws mandate that employers must have up-to-date labor law posters conspicuously displayed for their employees. Failing to do so not only results in steep fines (up to $35,000 in federal fines and additional state fines) but also exposes you to real liability.

Consider this scenario: if an employee decides to bring a lawsuit against your company, and you don't have the required posters or they are outdated, you could face even more significant problems:

Statute of Limitations: Normally, there's a limited window within which an employee can file a lawsuit against you. However, if you didn't inform your employees of their rights through proper poster display, a court might decide that the statute of limitations doesn't apply.

Operating in Bad Faith: Courts may determine that you were intentionally withholding information from your employees, which could lead to a finding that you were operating in bad faith. This can substantially increase your liability.

What Are the Requirements for Displaying Labor Law Posters?

Labor law posters must be displayed at every physical location where you have employees, and they need to be conspicuously displayed for all to see.

If you have a hybrid workplace with both in-person and remote employees, you'll need physical posters at your facilities and electronic distribution to your off-site workers.
For fully remote companies, you can distribute posters electronically by sharing a permanent link to the appropriate posters.
Some posters also need to be visible to job applicants, such as FMLA, Equal Employment Opportunity, and Employee Polygraph Protection posters, as per the guidance provided by the Department of Labor.

What Labor Law Posters Do I Need to Display?

You'll need both Federal and State labor law posters for each state where you have employees. The good news is that all the posters you need are provided for free by the federal government and state departments of labor. You've probably seen those convenient "all-in-one" laminated posters, but if you prefer, everything you need is also available as a free, printable document from the New York Department of Labor.

Federal Poster Requirements

Determining which federal posters you're required to display can be influenced by various factors, including your industry, the size of your company, benefits you provide and union affiliation.

The good news is that there's a handy tool to help you understand precisely which federal posters your company needs. You can use the Federal Poster Advisor tool to determine your specific federal poster requirements.

New York Labor Law Poster Requirements

You can refer to the New York Department of Labor for free, printable posters.

Download New York labor law posters here

Pay Transparency

New York pay transparency law

Pay transparency laws mandate that employers disclose salary ranges for positions to job applicants, and sometimes even to existing employees. The primary objectives of these laws are to reduce gender and racial wage gaps and to foster a more equitable and competitive job market. These laws vary in terms of scope, with some applying to all employers and others targeting businesses of a certain size or type.

In New York State, employers with four or more employees must provide job applicants with the minimum and maximum salary for the position they are applying for, upon request.
The law applies to jobs that can be performed in New York, or that will be supervised in New York.
Penalties for non-compliance include $1,000 for the first offense, $2,000 for a second offense, and $3,000 for subsequent violations.

Learn more about pay transparency laws by state

Let’s build this thing!

What’s included with the handbook builder

Creating a new handbook only takes a few minutes. And it’s easy. You can get started by answering a few interactive questions about your company. A few examples:

How many employees do you have?
Do you have employees in multiple states?
Do you have an introductory period for new employees?
Do you offer paid holidays?
What is your payroll schedule?

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Company culture

Communicating your company culture

In all businesses, building a strong company culture can be essential to boosting morale and aligning employees. Arguably, it is even more key for small businesses. With a small team, the impact of a strong culture is made more apparent. Here are some important things to remember when building a strong company culture.

Evaluate Your Current Culture

Since company culture is primarily determined at the top, here are some key questions to ask your leadership team to evaluate where your culture currently stands:

Are we open about how things work at our company?
Do our employees know what is expected of them?
Do we value our employee’s feedback?
How do we demonstrate that our employees are valued?
What are our company values?
Do we clearly express these values?

Set Your Goals

From your answers to the previous questions, pinpoint what is lacking and make goals to improve on those areas. This could mean having clearer communication for employee expectations, defining company values, or creating monthly team-building activities to build morale.

Respecting Employee’s Work-Life Balance

A large part of communicating that your company values its employees is demonstrating respect for their lives outside of work. A strong employee handbook can allow this to be done in a clear, effective way. Company leaders should detail expectations, but also be open about their own work-life balance to build transparency. Trust is key in a great company, and when leaders show genuine empathy for employee responsibilities at home, a foundation for transparency and cooperation is built.

The Link Between Culture and Happiness

Many surveys and analyses of employee feedback indicate that the majority of employees care as much about the culture of the company they work for as their salary. In small companies, culture is frequently undervalued. In order to reduce turnovers and increase recruitment, companies need to understand that there is a link between strong culture and the one important question employees think about regularly: “Am I happy working here?”.

Understanding and Communicating Your Company’s Culture

In order to effectively communicate your company’s culture, you need to understand it. By asking your team the right questions, setting goals, and valuing employees, you can be sure to be on the right track.

Communicating this culture is an essential next step toward aligning with your employees. Not every culture is a good fit for every employee, and being honest upfront is important for making sure you are hiring employees best aligned not only with the skills a company requires, but the culture of the workplace. Research shows that when looking for a job, 77% of people polled would consider a company’s culture and work atmosphere before applying. By clearly communicating your company culture up front, you can ensure that more candidates who align with your team values will apply for a position.

Creating an editable handbook