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Summary of differences between federal and state regulations
There is no federal mandate for employer-sponsored, non-occupational disability benefits.
New York is one of a handful of states that require employers to provide disability benefits coverage to employees for an off-the-job injury or illness. Coverage for disability benefits can be obtained through a disability benefits insurance carrier who is authorized by the New York State Workers’ Compensation Board (Board) to write such policies. Another option is for large employers to become authorized by the Board to self-insure.
New York State requires payment of cash benefits to wage earners who become disabled as a result of a non-occupational injury or illness. For work-related injuries see the Workers’ compensation topic.
New York’s disability benefits law provides the following:
- All employers with at least one employee on each of at least thirty days in any calendar year are covered.
- Employees are eligible if they work for a covered employer for four or more consecutive weeks. Terminated employees are also eligible for up to 26 weeks following termination, as long as they are eligible for unemployment benefits.
- Disability benefits are payable to an eligible employee for disabilities beginning with the eighth consecutive day of disability, and last up to 26 weeks during a period of 52 consecutive calendar weeks.
- The employee must be under the care of a duly licensed physician.
- The weekly benefit is one-half of the employee’s weekly wages, up to $170.
- An employer is allowed, but not required, to collect contributions from its employees to offset the cost of providing disability benefits. An employee's contribution is computed at the rate of one-half of one percent of his/her wages, but no more than sixty cents a week.
- Covered employers must post notices stating that the employer has provided for the payment of disability benefits.
- Employees contribute 0.5% of weekly wages up to 60 cents per week. Employers pay the balance of the cost of coverage.
State
Contact
New York State Workers’ Compensation Board
Regulations
Laws of New York; WKC Workers’ Compensation
Article 9 — Disability benefits; §200 et seq.
Federal
Contacts
None.
Regulations
None.