Covered NYC nannies have legal rights to protected time off for illness, medical care, childcare, safety needs, and other qualifying reasons. Vacation time is generally a negotiated benefit, but New York domestic workers also have a separate right to three paid days of rest each year after one year with the same employer.
Sick time is protected time—not a favor
NYC’s Protected Time Off Law covers domestic employers. Most covered employees have a right to up to 40 or 56 hours of paid protected time off each year, depending on the employer, as well as 32 hours of unpaid protected time off from the beginning of employment.
Protected time can be used for qualifying reasons such as your own illness or medical appointment, caring for a family member, childcare needs, and certain safety-related needs. An employer cannot retaliate against you for properly using protected time.
How sick time is earned and paid
Under New York State rules, covered employees generally accrue at least one hour of sick leave for every 30 hours worked unless the employer provides the full required amount up front. Paid leave must be paid at the worker’s normal rate or the applicable minimum wage, whichever is greater.
Ask for the time verbally or in writing and keep a copy of the request. For shorter absences, an employer generally cannot demand private medical details. New York State rules limit when documentation may be requested.
- Track the hours you work each week
- Keep written time-off requests and responses
- Ask for your accrued and used sick-time balance
- Do not disclose more medical information than required
- Save pay records showing paid leave
Vacation time should be negotiated separately
A general paid-vacation benefit is usually created by the employment agreement rather than automatically required as traditional vacation. The contract should state how many paid vacation days the nanny receives, when they become available, how much notice is expected, and whether unused days carry over or are paid out.
Do not let a contract combine every type of absence into one vague bucket. Vacation, protected sick time, paid rest days, holidays, guaranteed hours, and unpaid leave should each be explained clearly.
Domestic workers receive three paid days of rest after one year
New York’s Domestic Workers’ Bill of Rights provides domestic workers with three paid days of rest each year after one year of work for the same employer. This protection should be identified in the agreement instead of being quietly counted against another benefit without explanation.
Domestic workers also have a right to 24 consecutive hours of rest every seven days, or overtime pay if they voluntarily agree to work on that day.
A family vacation is not automatically your vacation
When a family travels without the nanny, that is the family’s decision—not automatically one of the nanny’s chosen vacation days. A strong guaranteed-hours clause keeps the regular schedule paid when the nanny remains ready and available to work.
The contract should say whether the nanny may be asked to perform reasonable agreed duties while the family is away. It should also say that the family cannot force the nanny to use personal vacation days simply because the family does not need childcare.
Put the complete time-off policy in writing
A written policy prevents confusion and helps both sides plan. Review it before accepting a job and whenever the schedule or responsibilities change.
- Number of paid vacation days
- Protected sick-time accrual or frontloading method
- Three paid rest days after one year
- Paid holidays and religious observances
- Notice and request procedures
- Carryover and payout rules
- Family travel and guaranteed-hours treatment
- Emergency and unpaid-leave procedures
Frequently asked questions
Can a nanny use sick time to care for a family member?
Yes, covered leave can generally be used for qualifying care needs involving the nanny or a covered family member.
Can a family make me use vacation when they travel?
That should not be assumed. The contract should separate the family’s cancellation or travel from the nanny’s chosen vacation and explain how guaranteed hours apply.
Do I need a doctor’s note for one sick day?
Generally, New York State rules do not allow medical verification for an absence lasting fewer than three consecutive previously scheduled workdays or shifts.
Are the three paid rest days the same as sick time?
They come from a separate domestic-worker protection. The contract should list them clearly alongside—but not ambiguously inside—vacation and protected sick time.
What if I am paid in cash?
Payment method does not erase worker protections. Keep a private record of hours, payments, requests, and messages, and contact the appropriate agency or a qualified attorney for help with a specific dispute.
Official information
Laws and agency guidance can change. Review these primary sources:
NYC Department of Consumer and Worker Protection: Protected Time Off