NYS Disability Benefits Law

  • New York Disability Benefits Law requires employers to provide disability benefits coverage to employees for off-the-job injuries or illnesses.
  • Disability benefits are temporary cash benefits that are paid to an eligible employee when he/she is disabled by an off-the job injury or illness. Cash benefits are calculated based on the employee’s lost wages due to their condition.

NYS Paid Family Leave

  • New York Paid Family Leave provides compensation for leave an employee must take to take care of a family member. Employees can take paid family leave for the birth, adoption, or foster care of a child, to care for a family member with a serious medical condition, and for military exigency.
  • For example, if an employee becomes sick off-the-job, he/she would be able to claim disability benefits. If the employee has a birth/adoption of a child, or fostering a new child, he/she could take Paid Family Leave.
  • Full-time employees who work 20 or more hours per week become eligible after the 26th consecutive week of employment. Part-time employees who work less than 20 hours per week become eligible after the 175th day of work.
  • An employer with employees working more than 30 days out of the year must acquire Paid Family Leave coverage for those employees. The premium for Paid Family Leave is paid by employees through payroll deduction.
Effective Date Max Length of Paid Leave Covered % of Weekly Income Maximum Benefit (% of NY Average Weekly Wage)
1/1/2020 10 weeks 60% 60%
1/1/2021 12 weeks 67% 67%