New York Self-Insured Employers providing Disability and/or Paid Family Leave Benefits offering a shorter waiting period or a longer duration than statute requires (Application and Agreement) can be divided into two categories: private sector employers and government entities. Private sector employers are businesses or organizations that are not owned or operated by the government. These employers can voluntarily offer Disability and/or Paid Family Leave Benefits with a shorter waiting period and/or longer duration than what the state requires. This is accomplished by submitting an Application and Agreement to the New York State Department of Financial Services. The application must include the employer's name, address, description of the benefit offered, and any applicable waiting period or duration. Government entities are organizations or agencies owned and operated by the government. These entities can also voluntarily offer Disability and/or Paid Family Leave Benefits with a shorter waiting period and/or longer duration than what the state requires. However, they must submit an Application and Agreement to the New York State Workers’ Compensation Board, rather than the Department of Financial Services. The application must include the employer's name, address, description of the benefit offered, and any applicable waiting period or duration. In both cases, New York Self-Insured Employers providing Disability and/or Paid Family Leave Benefits offering a shorter waiting period or a longer duration than statute requires must be approved by the applicable state agency before they can be offered to employees.
New York Self-Insured Employers providing Disability and/or Paid Family Leave Benefits offering a shorter waiting period or a longer duration than statute requires (Application and Agreement)
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FAQ
Employees with an injury or illness not related to their job may be eligible for short-term disability benefits. Paid Family Leave does not replace disability benefits coverage. After giving birth, a worker may be eligible for both short-term disability benefits and Paid Family Leave.
Employees may be eligible for DBL if they are unable to work due to a non-work-related injury or illness, during pregnancy and/or childbirth. Employees may be eligible for PFL to bond with a new child, care for a sick family member, which could include organ donation, and address a qualifying military exigency.
The program offers to 12 weeks paid leave at 67% of the employee's average weekly wages, up to the maximum benefit of 67% of the New York State AWW. Depending on when DB/PFL coverage is obtained by certain types of businesses, there could be a delay in benefits eligibility.
The New York state program provides short-term disability benefits through the Disability Benefit Law (DBL) and Paid Family Leave (PFL) wage replacement benefits to eligible employees who need time off from work for qualifying reasons.
Paid Family Leave (PFL) provides short-term wage replacement benefits to eligible California workers.
The key differentiator between PFL and DBL is that DBL is taken for YOUR OWN injury or illness, whereas Paid Family Leave is taken to care for or bond with someone else, for example, a member of your immediate family like a child or parent, or bonding with a newborn after delivery.
New York State Paid Family Leave provides eligible employees with up to 12 weeks of job protected, paid time off to bond with a new child, care for a family member with a serious health condition, or to assist loved ones when a family member is deployed abroad on active military service.
Employers in New York are required by law to provide state disability insurance (SDI) coverage for eligible employees. Employers can choose to cover the entire cost, or to withhold an allowed portion of employees' wages towards the cost.