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Navigating New York State Disability and Paid Family Leave: What Employees Need to Know

NYSDBL: New York State Disability Benefits Law

In New York, an employee can receive up to $170 per week under the New York State Disability Benefits Law (“NYSDBL”) if they are properly approved for disability benefits. They can also receive up to $1,151.16 per week under the New York State Paid Family Leave (“NYSPFL”) if they are a new parent. The employee can receive these benefits for no more than a combined 26 weeks in a 52-week calendar period. Nor can these benefits be received concurrently. The qualifications for NYSDBL and NYSPFL are as follows.

Qualifications for NYSDBL

The NYSDBL entitles an employee to disability benefits coverage. To receive benefits under the NYSDBL, the threshold requirements are qualified employer and employee status in accordance with the law. To be a qualified employer, there must be one or more employees for at least 30 days in a calendar year. A qualified employee is a worker that is part-time, full-time, temporary, seasonal, day labor, leased, borrowed or unpaid. Employees must be covered by New York State statutory disability insurance 4 weeks after the 30th day of employment.

Filing a Claim and Benefits Calculation

An employee must file a claim within 30 days of becoming disabled. A claim can be filed as soon as the last day of employment. There is a 7 day waiting period for which no benefits are accruing. Benefits begin accruing on the 8th consecutive day of disability leave. Once a claim is fully completed and submitted for consideration, the claim is not evaluated until the 14th day of disability leave or any day after the same. Once the evaluation begins, the employee will receive a determination within 4 days.

While receiving NYSDBL benefits, an employee receives 50% of their average weekly wage, however the benefit cannot exceed $170 per week, which is paid biweekly. The claimant’s average weekly wage is calculated based on the previous 8 weeks of employment. An employee can receive NYSDBL benefits in addition to paid time off and sick or vacation time.

Specifics for Pregnant Employees

Under the NYSDBL, a pregnant employee is entitled to disability benefits 4 weeks before her due date and 6 weeks after giving birth. If she has a Cesarean section, she is entitled to 8 weeks of disability benefits following that procedure. If additional time is required, medical documentation may be requested depending on the determined length of the claim.

Understanding NYSPFL

The New York State Paid Family Leave (“NYSPFL”) is a subset of the New York State Disability Benefits Law. As such, NYSPFL is subject to the same threshold requirements as any other disability under the NYSDBL as stated above. NYSPFL protects the employee’s job while on leave. After fully submitting a claim for consideration, the employee will receive a determination within 18 days. The maximum amount of paid and protected leave an employee has under the NYSPFL is 12 weeks in a 52-week period after giving birth. This is a flexible timeframe and may be taken at any point and in smaller durations so long as it is within 1 year of giving birth.

Benefits and Calculation under NYSPFL

While on NYSPFL, an employee can receive 67% of their weekly paycheck but cannot exceed the maximum benefit of $1,151.16 per week in accordance with state guidelines. This calculation is derived from the employee’s wages for the previous 8 weeks of employment. An employee cannot receive NYSPFL benefits and paid time off and sick or vacation time concurrently.

Employer Contribution and FMLA

An employer is allowed but not required to take a contribution from the employee to offset the cost of providing disability benefits. The contribution is calculated at the rate of 1/2 of 1% of the employee’s wages but no more than 60 cents per week.

Under the Family and Medical Leave Act FMLA, private employers with 50 or more employees working within 75 miles of the employee’s workplace are required to provide up to 12 weeks of unpaid leave per year. Employees under the FMLA are covered if they have worked for the employer for at least 12 months and have worked for at least 1,250 hours over the 12 months immediately prior to the leave. An employer can require FMLA and NYSPFL to run concurrently. In order for this to occur, the employer must notify the employee that the leave qualifies for both and will be designated as such. FMLA is unpaid, but employers may require employees to concurrently take paid leave, or an employee can choose to take paid leave in conjunction with FMLA leave to supplement their income.

Legal Representation

At John J. Zidziunas & Associates, LLC our employment discrimination lawyers represent employees that have been harmed in New Jersey and Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, or Suffolk County workplaces. If you are an employee or employer who is unsure of legal policies, call us at (973) 509-8500 or Contact us Here. We represent workers on a contingency fee (winning the case) basis with free consultations. We also defend employers being sued for frivolous and non-legitimate claims.

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