State Disability Insurance in NY
New York State Short Term Disability: Government Benefits
New York State short term disability insurance is a government sponsored plan administered by the NY Workers Compensation Board. Statutory claims payments are 50% of income or $170 per week, whichever is less. Payments are paid for off the job accidents and illnesses only. Read below for further information about:
New York State Disability Insurance and Pregnancy
The statutory program is a great entitlement to have, but the low benefit level underscores the need for additional coverage. Make sure you get a supplemental policy through a private carrier prior to becoming pregnant, getting sick, or suffering an injury.
New York State short term disability insurance is government mandated, and may cover your pregnancy and maternity leave. According to information published by the workers compensation board, it appears that the program covers your maternity leave four to six weeks prior your due date, and four to six weeks after delivery. More detailed information may be needed if need to leave work sooner, or extend your return longer.
Six weeks before and after your delivery, adds up to twelve weeks of nominal income replacement. Twelve weeks of income replacement at $170 per week totals $2,040 of before tax income replacement. A woman earning $52,000 per year would normally make $12,000 during this time.
This represents almost $10,000 of lost income during
maternity leave for a perfectly healthy pregnancy and childbirth.
You can increase your income replacement level to sixty percent or $6,500 per month by purchasing short term disability for pregnancy prior to conception. Enjoy a higher level of maternity leave pay that what the state government plan provides.
Benefits last up to 26 weeks, which is not enough time to span your entire pregnancy and the time needed to recover from childbirth. If you need to stop working well before your due date, the state mandated entitlements may stop long before you are able to resume working. A supplemental program can last twelve months or longer.
NY State Short Term Disability & Unemployment Compensation
You can’t collect NY state short term disability and unemployment compensation at the same time.
The state plan caps payments at $170 per week. The unemployment programs pay up to $405 per week. A woman earning $52,000 a year can increase her maternity income by $235 per week by collecting unemployment during maternity leave instead.
Clearly you are better off collecting unemployment compensation, but the criteria require that you must be willing and able to work to be eligible for compensation. Women taking maternity leave can sometimes qualify for the richer payments available under the unemployment program once they are physically able to work.
Remember that the plans make twelve weeks of payments for most pregnancies. This also the same length of time that the federally mandated Family Medical Leave Act (FMLA) provides for unpaid job protected leave.
If your employer is subject to this law, you should have no problems returning to work at the same position and rate of pay. However, if your leave lasts longer, or if your employer is not subject to the law, you may no longer have a job. In this scenario, you may be eligible to collect unemployment insurance.
Also, one of eight babies is born prematurely or seriously ill. One or both parents may need to stay at home to provide care. New York is one of twenty two states accepting federal incentives to expand the unemployment eligibility criteria to include compelling family reasons. Caring for a seriously ill family member qualifies.
NY State Short Term Disability: Who is Covered?
NY state short term disability insurance covers people who work in the commonwealth for private employers. Workers who commute from New Jersey or Connecticut are covered under the plan even though they do not reside in New York State.
Many employee classes and organizations are exempt from the statutory requirement. Keep in mind that your employer may elect to participate on a voluntary basis. Check with your employer to verify coverage. Some of these exceptions include:
If you do not have coverage or feel the amount of coverage is not adequate to support your expenses consider purchasing a supplemental policy.
New York State Temporary Disability Laws
The NY state temporary disability laws are codified under the workers compensation laws: Article 9. Sections 200 to 211 make up the bulk of regulations that apply directly to workers seeking entitlements.
The temporary program replaces 50% of your income, up to $170 per week in 2012. Your last eight weeks of employment are used to determine your income. Entitlements are payable for up to 26 weeks. There is a 7-day waiting period for which no payments are made. Payment rights begin on the eighth consecutive day you are unable to work. Your doctor will need to provide evidence of a medical reason why you are unable to work.
The plan covers off the job accidents and illnesses only. On the job accidents and illnesses fall under workers compensation.
New York State Disability Claim Form
The New York State short term disability claim form is easily found. Completing the form, and returning the paperwork to the right place is an entirely different matter.
Keep in mind that a portion of your payments may be taxable. New York State law allows your employer to charge up to 60 cents per week to the cost of coverage. Your employer must also make a contribution to make up the balance. If your portion of the cost is paid for using pre-tax contributions, then your entire benefit is taxed.
NY State & Social Security
New York State government offices administer Social Security, which should not be confused with the mandated short term disability entitlement. The state mandated temporary program addresses events that are not expected to last: hence the 26 month period of time, before claims payments stop.
Social Security entitlements may last much longer, up to age 65 in many cases. Payments are made for total disability only, and those lasting 12 months or longer, or expected to result in death. Clearly from this definition, claims will never be paid for pregnancy or maternity situations, unless something happens that permanently prevents you from working.
State government offices make medical determinations on eligibility. Offices are located throughout the region.