Short-term disability and paid family leave in New York
New York has both a short-term disability (STD) program and paid family leave (PFL) benefits. After giving birth, a new mother can be eligible for both benefits.
Here are some other points about how STD and PFL work in New York:
Using Benefits. A new parent who qualifies for STD after giving birth has a choice about how to exhaust the benefits. The parent can immediately take all or any portion of their available STD and then take PFL at any time within 12 months of the birth. Or, the parent can take PFL immediately and not use any STD.
Waiting Period. There is a seven-day waiting period during which no STD benefits are paid. Benefits begin on the eight consecutive days of disability. New York’s PFL law does not have a waiting period before benefits are paid.
The first payment of benefits is due on the 14th day of disability or family leave. Benefits must be paid to the employee within 4 business days thereafter or within 4 business days after the employee files the required proof of claim, whichever is later.
Duration of Benefits. Pregnant employees are eligible for STD four weeks before their due date and six weeks after giving birth. The six weeks is increased to eight weeks if the new parent has a Caesarian section. STD benefits could continue up to the maximum of 26 weeks with documentation from a medical provider. PFL is not available before the due date – it provides up to 12 weeks of paid time off for bonding after the baby is born.
Total Combined Benefits. An employee cannot receive STD and PFL at the same time.
A birth parent can use STD and PFL benefits consecutively, but the combined total of STD and PFL benefits cannot exceed 26 weeks in a 52-week period.
Coverage and Eligibility. Virtually all employers in New York must provide STD and PFL coverage.
Not all employees are eligible for STD and PFL. The standards for eligibility for STD and PFL differ. An employee becomes eligible for STD after four or more consecutive weeks of employment with a covered employer. Employees only become eligible for PFL benefits after 26 consecutive weeks of employment if regularly working 20 or more hours per week. If the employee works less than 20 hours per week, the employee will become eligible for PFL after 175 days worked.
Only birth parents are eligible for STD immediately after giving birth. Non-birth parents are not eligible for STD, but are eligible for PFL.
Average Weekly Wage. While receiving STD or PFL benefits, employees in New York are paid 67% of their average weekly wage up to a maximum weekly benefit (described below). The average weekly wage is calculated by dividing the employee’s for the eight weeks of employment immediately preceding and including his or her first day of disability or PFL-qualifying event. If the employee did not work for the same employer during all of the last eight weeks and the calculation does not result in an average weekly wage that fairly represents the normal earnings of the employee in all jobs, then the average weekly wage may be redetermined to reflect wages received from all employers during the eight-week period.
Maximum Weekly Benefit. The maximum amounts of weekly STD and PFL payments are different. The maximum weekly STD payment is $170 and the maximum PFL payment for 2024 is $1,151.16. The maximum PFL benefit fluctuates each year based on changes to the state average weekly wage.
Employers providing supplemental paid family leave benefits through a company policy may want to account for the different amounts employees will receive from STD and PFL. To ensure the employee receives the proper amount of compensation, employers will need to review the amount the employee will receive from STD and PFL and subtract those amounts from regular wages to determine the supplemental benefit to be paid to the employee.
EquiLeave helps employers calculate supplemental leave payments so employees can enjoy fair and equitable family leave. Click the link below for more information.
