Summary of Statutory Disability & Paid Family Leave Plans

Statutory Disability & Paid Family Leave (PFL) benefits are required to be provided by employers or the State to employees working in the below states. Disability benefits provide short term wage replacement to employees to recover from their own medical condition. PFL is paid time away from work to bond with a new child, take care of a sick family member, or have a qualifying military exigency.

Select a State

New York

Disability Benefits Bureau
Workers’ Compensation Board
(800) 353-3092
(518) 474-6680
(844) 3376306- PFL

http://www.wcb.state.ny.us

https://paidfamilyleave.ny.gov/

1949 – Disability Benefits Law
2018 – Paid Family Leave
ADMINISTRATION
COVERAGE ALLOWED
Employers may insure or self-insure.

Employer or 3rd party administrator must be incorporated in state of NY and plan must be approved by WCB.
BENEFITS
PERCENTAGE
& MAXIMUMS
Disability
50% of average weekly wage during the last four weeks prior to last day worked.

Maximum weekly benefit of $170 (annual $4,420)
Paid Family Leave
67% of State average weekly wage to a maximum weekly benefit of $971.61
BENEFITS
TYPES & DURATION
Disability/ Medical Leave
Maximum disability benefit duration is 26 weeks in a 52-week period.

Family Leave
Maximum PFL benefit duration is 12 weeks.
ELIGIBILITYDisability
Full time employee must have worked at least 4 consecutive weeks. Part-time employees become eligible on the 25th day of such regular, part-time employment.
Paid Family Leave
Full-time employees are eligible after 26 consecutive weeks of employment. Part-time employees are eligible after working 175 days, which do not need to be consecutive.
WAITING PERIODTemporary Disability:
Seven (7) day waiting period
Paid Family Leave:
None
COSTEmployer
Must pay any disability plan cost not covered by employee contributions

PFL is 100% employee funded
Employee
Maximum cost is 0.5% of the first $120 of the employee’s weekly wages; maximum weekly employee cost is $0.60 per week

PFL 2021:
0.511% of employee’s weekly wage capped at an annual cost of $385.34

* Program provisions currently under development

Upcoming Statutory State Program:

Oregon*
• Employee Deductions begin January 1, 2022
• Benefits begin January 1, 2023 *HB 3398 pending to delay implementation requirements for PFML program one year

Colorado
• Employee Deductions begin January 1, 2023
• Benefits begin January 1, 2024

Disclaimer: The Larkin Company compiled this summary for general informational purposes and as a courtesy only. All information is provided in good faith and based on readily available information from various sources. We have taken reasonable steps to ensure the accuracy of the information provided, however we make no representation or warranty of any kind, expressed or implied, regarding its accuracy or completeness. We encourage and advise you to consult with the appropriate licensed professionals before taking any actions based upon such information provided herein.