New York State requires employers to provide disability benefits coverage to employees. These are for an off-the-job injury or illness. The law provides for the payment of cash benefits for employees who:
- have become disabled from injuries or illness away from work; and
- disabilities from pregnancies.
The law allows an employer to collect contributions from its employees to cover this benefit.
Disability benefits are cash-only benefits. The benefit:
- is 50 percent of your average weekly wage for the last eight weeks worked
- cannot be more than the maximum benefit allowed, currently $170 per week (WCL §204).
- Is subject to Social Security and Medicare taxes.
- is paid for a maximum of 26 weeks of disability during any 52 consecutive week period (WCL §205).
You cannot collect disability benefits and Paid Family Leave benefits at the same time. The total combined disability leave and Paid Family Leave in any 52-week period may not exceed 26 weeks.