1. Home
  2. Resources for employers
  3. Statutory disability income and state paid family and medical leave
  4. New York
State Disability Benefits Law (DBL)
Paid Family Leave (PFL)

New York

NYS Workers' Compensation Board (WCB)

DBL Effective: 1949
PFL Effective: 01/01/18
Last updated: 09/17/24

State website: www.paidfamilyleave.ny.gov

WEB_1273_123_NY-desktop_946x630.jpg

New York Disability Benefits Law (NY DBL) Plan Details

Summary:
checkcircle.svg

State or private plan: (insured or self-insured).
checkcircle.svg

Mandatory coverage: All employers with one or more employees for 30 days in a calendar year become a “covered employer” four weeks after the 30th day of the employment. The definition of employer does not include the state, a municipal corporations, local governmental agencies, other political subdivisions or public authorities.
checkcircle.svg

Waiting period: 7 consecutive calendar days.
checkcircle.svg

Benefit duration: No more than 26 weeks during any disability period or during any consecutive 52-week period.
checkcircle.svg

Total combined maximum benefit duration for NY DBL and PFL: 26 weeks in a 52-week period.
checkcircle.svg

Maximum benefit: $170.
 
Coverage details
  • New York state insurance fund (NYSIF) or private plan.
  • NYFSIF is an insurance company operating only in New York. Unlike most other state programs, there is not a state-sponsored provider (no “state plan”) of the program.
  • Private plans may be insured or self-insured. Private plans must meet minimum state requirements.
  • An employer who by operation of law becomes successor to a covered employer, or who acquires a business with covered employer, immediately becomes a covered employer.
  • Employers must register with the New York Workers’ Compensation Board. The employer must also pay all New York unemployment taxes, before we can issue NY DBL/PFL coverage. The employer must complete a NY DBL/PFL application (LGC-10020-DBL-NY) that we will file. Once the application is approved by the New York Worker’s Compensation Board, coverage will be effective.
  • Per the statute, employers do not include the state, municipal corporations, local governmental agencies, other political subdivisions or public authorities.

First Symetra offers an insured NY DBL plan but does not currently offer ASO services for an employer’s self-insured plan.
Covered employers
  • All employers with one or more employees for 30 days in a calendar year become a “covered employers” four weeks after the 30th day of the employment.
  • A covered employer only needs to cover their covered employees.
  • Employers do not include the state, a municipal corporations, local governmental agencies, other political subdivisions or public authorities.
Covered individuals

Employees or recent employees of a covered employer who have worked at least four consecutive weeks.

Part-time employees who have worked for 25 days of work with a covered employer.

Employees who change jobs from one covered employer to another covered employer are covered from the first day on the new job.

The list of employees who are not considered “Covered Individuals” is extensive (and nuanced). The state provides guidance for when coverage is required. The following are just a few examples of exempt employees:

  • Individuals employed within religious, charitable or educational institutions as defined within the statute.
  • Independent contractors.
  • Workers performing services for the state, a municipal corporations, local governmental agencies, other political subdivision or public authorities.
  • Businesses without employees.
Contribution amount
  • Employees pay 0.5% of the first $120 of weekly wages. The maximum amount is $0.60 cents per week.
  • Employers pay the remainder of the plan costs.
  • Premiums can be paid entirely by the employer.
  • An employee cannot be required to contribute more under a private plan than the rate set by the state.
Waiting period

Seven consecutive calendar days.
Benefit calculation

50% of the employee’s Average Weekly Wages.
Maximum weekly benefit amount

$170.
Minimum weekly benefit amount

$20.
Other income amount offsets

None.

NY DBL and NY PFL cannot be taken simultaneously. Note that unemployment insurance and Workers' Compensation are not payable at same time as NY DBL (and thus is not an offset).
Maximum duration

No more than 26 weeks during any disability period or during any consecutive 52-week period.
Maximum duration: Combined NY DBL and NY PFL

26 weeks in a 52-week period.

Frequently Asked Questions

Important Information:

New York Paid Family Leave (NY PFL) Plan Details

Summary:
checkcircle.svg

State or private plan: (insured or self-insured).
checkcircle.svg

Mandatory coverage: All employers with one or more employee for 30 days in a calendar year become a “covered employers” four weeks after the 30th day of the employment. The definition of employer does not include the state, a municipal corporations, local governmental agencies, other political subdivisions or public authorities.
checkcircle.svg

Waiting period: Seven consecutive calendar days.
checkcircle.svg

Benefit duration: 12 weeks during any 52-week period (or for intermittent leave, the employee’s average number of days worked per week multiplied by 12).
checkcircle.svg

Total combined benefit duration for NY DBL/NY PFL Maximum: 26 weeks in a 52-week.
 
Coverage details
  • New York state insurance fund (NYSIF) or private plan.
  • Private plans may be insured or self-insured and must at least equal the provisions of the state plan.
  • NYFSIF is an insurance company operating only in New York. Unlike most other state programs, there is not a state-sponsored provider (no “state plan”) of the program.
  • Private plans may be insured or self-insured. Private plans must meet minimum state requirements.
  • An employer who by operation of law becomes successor to a covered employer, or who acquires a business with covered employer, immediately becomes a covered employer.
  • Employers must register with the New York Workers’ Compensation Board. The employer must also pay all New York unemployment taxes, before we can issue NY DBL/PFL coverage. The employer must complete a NY DBL/PFL application (LGC-10020-DBL-NY) that we will file. Once the application is approved by the New York Workers’ Compensation Board, coverage will be effective.
  • Per the statute, employers do not include the state, a municipal corporations, local governmental agencies, other political subdivisions or public authorities.

Symetra offers insured NY PFL via a rider to the NY DBL policy, but does not currently offer ASO services for an employer’s self-insured plan.
Covered employers
  • All employers with one or more employee for 30 days in a calendar year become a “covered employers” four weeks after the 30th day of the employment.
  • A covered employer only needs to cover their covered employees.
  • Employers do not include the state, a municipal corporations, local governmental agencies, other political subdivisions or public authorities.
Covered individuals

Employees or recent employees of a covered employer who have worked at least four consecutive weeks.

Full-time employees are eligible if they have worked 20 or more hours/week for 26 or more consecutive weeks of covered New York employment.

Part-time employees working less than 20 hrs/week will be eligible after 175 days of covered New York employment.

The list of employees who are not considered “covered individuals” is extensive (and nuanced). The state provides guidance Eligibility | Paid Family Leave (ny.gov). The following are just a few examples of exempt employees:

  • Individuals employed within a religious, charitable or educational institutions as defined within the statute.
  • Independent contractors.
  • Workers performing services for the state, a municipal corporations, local governmental agencies, other political subdivisions or public authorities.
  • Businesses without employees.

Additional information can be found here: Eligibility | Paid Family Leave (ny.gov)
Contribution amount
  • Employee:
    • 0.373% of weekly wages currently, increasing to 0.388% of weekly wages (effective 1/1/2025).
    • Maximum contribution:
    • $333.25 currently, increasing to $354.53 (effective 1/1/2024).
  • Employer: May pay some or all of the employee cost.
  • An employee cannot be required to contribute more under a private plan than the rate set by the state.
Waiting period

None.
Benefit calculation

67% of the employee’s Average Weekly Wages.
Maximum weekly benefit amount

$1,151.16 currently, increasing to $1,177.32 (effective 1/1/2025).
Minimum weekly benefit amount

The lesser of $100 or the employee’s Average Weekly Wages.
Other income amount offsets

None. NY DBL and NY PFL cannot be taken simultaneously. Note that unemployment insurance is not payable at same time as NY PFL (and thus is not an offset).
Maximum duration

12 weeks during any 52-week period (or for intermittent leave, the employee’s average number of days worked per week multiplied by 12).
Maximum duration: Combined NY DBL and NY PFL

26 weeks in a 52-week period.

Frequently Asked Questions

Important Information:

 

 

State Resources

< Back to all states

Symetra Life Insurance Company, 777 108th Avenue NE, Suite 1200, Bellevue, WA 98004.

First Symetra National Life Insurance Company of New York, New York, NY. Mailing address: P.O. Box 34690, Seattle, WA 98124.

Symetra Life Insurance Company is a direct subsidiary of Symetra Financial Corporation. First Symetra National Life Insurance Company of New York is a direct subsidiary of Symetra Life Insurance Company and is an indirect subsidiary of Symetra Financial Corporation (collectively, “Symetra”). Neither Symetra Financial Corporation nor Symetra Life Insurance Company solicits business in the state of New York and they are not authorized to do so. Each company is responsible for its own financial obligations.

Symetra® is a registered service mark of Symetra Life Insurance Company.

Symetra assumes no responsibility for the accuracy or timeliness of any information provided herein. The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. We recommend employers speak with legal counsel specializing in labor and employment law to ensure compliance with applicable PFML and PFL mandates.

The information on this page was updated as of October 2024.